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No. 251      29 February 2008

(Government Gazette 30833)

NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY ACT, 2004 (ACT NO. 10 OF 2004)

NATIONAL NORMS AND STANDARDS FOR THE MANAGEMENT OF ELEPHANTS IN SOUTH AFRICA

I, Marthinus van' Schalkwyk, Minister of Environmental Affairs and Tourism, hereby issue National Norms and Standards for the Management of Elephants in South Africa in terms of section 9 of the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004) as set out in the Schedule.

SCHEDULE

TABLE OF CONTENTS

CHAPTER 1
INTERPRETATION, PURPOSE AND APPLICATION

1.
Definitions

2.
Purpose and application

3.
Guiding principles

CHAPTER 2
GENERAL MANAGEMENT OF ELEPHANTS

Part 1
General provisions

4.
Restricted activities

5.
Keeping of elephants

6.
Management plans

7.
Initial assessment

8.
Duty of care

9.
Adequate enclosure

10.
Administration of scheduled substances and sedation

11.
Capture of elephants

12.
Translocation, import and export of elephants

13.
Release camps

Part 2
Management of elephants in the wild

14.
Composition of wild elephant populations

15.
Control of wild elephant population sizes and distribution

16.
Establishment of new populations of wild elephants

17.
Contraception

18.
Range manipulation

19.
Culling

Part 3
Hunting

20.
Hunting of elephants
21.
Hunting methods

Part 4
Captive elephants

22.
Provisions for captive elephants

23.
Keeping elephants in captivity

24.
Registration of captive facilities for elephants

Part 5
Escaped or Roaming Elephants

25.
Escaped or Roaming Elephants

Part 6
General

26.
Short title and commencement

ANNEXURES

Annexure I Management plans for wild elephants

Annexure II Management plans for captive elephants

Annexure III Security - when dealing with wild elephants

Annexure IV Requirements for release camps

Annexure V Electrification of perimeter fences

Annexure VI Flow diagram relating to management options

CHAPTER 1
INTERPRETATION, PURPOSE AND APPLICATION

Definitions

1. (1) In these Norms and Standards, unless the context indicates otherwise, a word or expression defined in the Biodiversity Act or Protected Areas Act has the same meaning, and—

"adaptive management" means integrated research, planning and monitoring in repeated cycles of learning in order to better define and achieve objectives, and is built on the assumption that natural extensive wildlife systems are complex, our knowledge is imperfect but we can learn from purposeful, documented objectives and actions;

"applicable legislation" means-

(a)

the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003);

(b)

the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004);

(c)

legislation and instruments mentioned in section 88(3) of the Biodiversity Act, 2004;

(d)

any regulations issued in terms of section 97 of the Biodiversity Act, 2004, or referred to in section 49 of the Protected Areas Act which apply to the implementation of these norms and standards;

(e)

these Norms and Standards and annexures thereto;

(f)

the Animals Protection Act, 1962 (Act No. 71 of 1962);

(g)

the Performing Animals Protection Act, 1935 (Act No. 24 of 1935);

h)

the Animal Matters Amendment Act, 1993 (Act No. 42 of 1993);

i)

the Animal Health Act, 2002 (Act No. 7 of 2002);

j)

the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993);

k)

the Animals Diseases Act, 1984 (Act No. 35 of 1984);

l)

the Conservation of Agricultural Resources Act, 1983 (Act No. 43 of 1983);

m)

the Medicines and Related Substances Act, 1965 (Act No. 101 of 1965);

n)

the Meat Safety Act, 2000 (Act No. 40 of 2000); and

o)

the Veterinary and Para-Veterinary Professions Act, 1982 (Act No. 19 of 1982);

p)

the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972)

q)

the Animal Improvement Act, 1998 (Act No. 62 of 1998)

"Biodiversity Act" means the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004);

"biodiversity" means the variability among living organisms from all sources including terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part and also includes diversity within species, between species, and of ecosystems;

"born in captivity" means an elephant conceived naturally and born to a captive elephant in a controlled environment;

"captive elephant" means an elephant that is kept in captivity in a controlled environment, including elephants kept in captivity for rehabilitation, but excluding wild elephants in temporary captivity for other purposes;

"captive facility" means a registered facility in accordance with the provisions of Regulation 27 of the Threatened or Protected Species Regulations, 2007 and paragraph 24 of these Norms and Standards;

"capture" includes searching, pursuing, driving, chasing, darting, lying in wait, luring, alluring, discharging a missile, catching, sedating, or exercising physical control by any other means, method or devise, with the intent not to kill;

"controlled environment" in relation to elephant management means an enclosure designed to hold an elephant in any way that -

(a)

prevents it from escaping; and

(b)

facilitates intensive human intervention in the form of provision of:

(i)

food or water;

(ii)

artificial housing; or

(iii)

veterinary or health care;

and is less than 2000 ha;

"cow-calf group" means a cohesive group of females and their calves led by the matriarch or another older female, which associate regularly and closely with one another over time;

"culling" has the meaning as defined by the Threatened or Protected Species Regulations;

"damage causing elephant" has the meaning as defined by the Threatened or Protected Species Regulations;

"defined herd" means a cohesive group of elephants that exist in a limited or extensive wildlife system;

"destroy" means to intentionally kill an elephant for management purposes;

"ecologist" means a person registered as an ecologist under section 20 of the Natural Scientific Professions Act, 2003 (Act No. 27 of 2003);

"elephant population" means a group of elephants freely associating in a given environment;

"escaped elephant" means—

(a)

a wild elephant that has escaped from a protected area, or an adequately enclosed or suitably fenced property, but has not become a damage causing elephant; or

(b)

a captive elephant that has escaped from captivity;

"extensive wildlife system has the meaning as defined by the Threatened or Protected Species Regulations;

"genuine orphan calf" means an elephant calf that—

(a)

is less than 2 years old;

(b)

its mother has clearly died of natural causes or poaching;

(c)

has been rejected by the elephant population of which it forms part; and

(d)

is likely to die if it is not taken into captivity;

"handler" means a trained person who is responsible for controlling, caring for, cleaning or managing a captive elephant;

"hunt" has the meaning as defined by the Threatened or Protected Species Regulations;

"institute" means the South African National Biodiversity Institute (SANBI), established in terms of section 10 of the Biodiversity Act;

"issuing authority" has the meaning as defined by the Threatened or Protected Species Regulations;

"kept in captivity" or "captive kept" has the meaning as defined by the Threatened or Protected Species Regulations, provided that the definition of "controlled environment" given in these norms and standards applies specifically in relation to the management of elephants;

"limited wildlife system" in relation to elephant management means-

(a)

an area that is suitable for management of elephant populations of less than 15 animals, with minimal human intervention, except the provision of water and supplementation of food in times of drought;

(b)

is fenced to hold an elephant in a way that prevents it from escaping; and

(c)

is larger than 2000 ha and less than 5000 ha,

but excludes fenced land on which self-sustaining wild populations of elephants are managed in an extensive wildlife system;

"management authority" in relation to a protected area, means the organ of state or other institution or person in which the authority to manage the protected area is vested;

"management plan" means the management plan referred to in paragraph 6;

"preferred management density" means a stocking rate, or an acceptable range of densities within which a population may be allowed to fluctuate naturally;

"professional hunter" has the meaning as defined by the Threatened or Protected Species Regulations;

"Protected Areas Act" means the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003);

"protected area" means an area declared as such in terms of the Protected Areas Act

"range manipulation" means the alteration of the natural range of an elephant population, whether through limitation, extension or expansion by using fires, provision or opening or closure of, watering points, feed, fencing, driving or other human activity;

"registered game farm" has the meaning as defined by the Threatened or Protected Species Regulations;

"responsible person" means the owner or manager of an elephant, the owner or manager of the land on which an elephant normally ranges or a management authority of a protected area;

"rehabilitation facility" has the meaning as defined by the Threatened or Protected Species Regulations;

"rehabilitation" means the keeping in captivity for the treatment and recovery of sick or injured elephant, or the rearing of genuine orphan elephants, for the sole purpose of returning them to the wild in a limited or an extensive wildlife system as soon as possible;

"roaming elephant" means an elephant from a known or unknown locality for which responsibility can not readily be determined;

"scheduled substance" means a medicine or other substance prescribed under section 22A of the Medicines and Related Substances Act, 1965 (Act No.101 of 1965);

"sanctuary" has the meaning as defined by the Threatened or Protected Species Regulations;

"temporary captivity" means a wild elephant that is kept in a controlled environment for a short period of time for the purpose of—

(a)

translocation, release camps, transfer or transport;

(b)

quarantine;

(c)

veterinary treatment; or

(d)

rehabilitation, in the case of injured or genuine orphan elephants;

"Threatened or Protected Species Regulations" means the regulations made by the Minister of Environmental Affairs and Tourism in terms of section 97 of the Biodiversity Act, relating to listed threatened or protected species published under Government Notice No.R.152 in Gazette No.29657 of 23 February 2007, as amended;

"translocation" means the removal by human and mechanical means of a wild elephant from its existing location to another area;

"veterinarian" means a person registered in terms of the Veterinary and Para-Veterinary Professions Act, 1982 (Act No. 19 of 1982);

"wild elephant" means an elephant that—

(a)

is not a captive elephant or is in temporary captivity, pending release into a limited or an extensive wildlife system; or

(b)

is in a limited or an extensive wildlife system;

(2) In these Norms and Standards, a word or expression which is a derivative or other grammatical form of a word or expression defined in subparagraph (1) or in the Biodiversity Act or Protected Areas Act, has a corresponding meaning unless the context indicates that another meaning is intended.

Purpose and application

2. (1) In terms of Section 9(1) of the Biodiversity Act, the Minister may, by notice in the Gazette—

(a)

issue norms and standards for the achievement of any of the objectives of this Act, including for the -

(i)

management and conservation of South Africa's biological diversity and its components;

(ii)

restriction of activities which impact on biodiversity and its components; and

(b)

set indicators to measure compliance with those norms and standards.

(2)

The purpose is to set national norms and standards to ensure that -

(a)

elephants are managed in the Republic in a way that -

(i)

ensures the long term survival of elephants within the ecosystem in which they occur or may occur in future;

(ii)

promotes broader biodiversity and socio-economic goals that are ecologically, socially and economically sustainable;

(iii)

does not disrupt the ecological integrity of the ecosystems in which elephants occur;

(iv)

enables the achievement of specific management objectives of protected areas, registered game farms, private or communal land;

(v)

ensures the sustainable use of hair, skin, meat and ivory products; and

(vi)

is ethical and humane and

(vii)

recognises their sentient nature, highly organised social structure and ability to communicate,

(b)

the management of elephants is regulated—

(i)

in a way that—

(aa)

is uniform across the Republic; and

(bb)

takes into account the Republic's international obligations in terms of international agreements on biodiversity management binding on the Republic; and

(ii)

in accordance with national policies on biodiversity management and sustainable development.

(3)

These norms and standards are informed by the principles contained in paragraph 3.

(4)

The provisions of these norms and standards apply to the management of elephants wherever they occur within the Republic or where a permit to import is applied for.

(5)

The provisions of these Norms and standards must be read with the Threatened and Protected Species Regulations, 2007.

Guiding Principles

3. Any person executing a function or exercising a power or carrying out an activity that relates, directly or indirectly, to an elephant must do so with regard to the following further principles:

(a)

elephants are intelligent, have strong family bonds and operate within highly socialised groups and unnecessary disruption of these groups by human intervention should be minimised;

(b)

while it is necessary to recognise the charismatic and iconic status of elephants and the strong local and international support for their protection, proper regard must be given to the impacts of elephants on biodiversity or people living in proximity to elephants;

(c)

elephants are recognised engineers of habitat change and their presence or absence has a critical effect on the way in which ecosystems function;

(d)

the movement of elephants throughout their historical range has been disrupted by the activities of people over the last two centuries;

(e)

careful conservation management has led to the significant growth of elephant populations and human intervention may be necessary to ensure that any future growth occurs in a manner that does not result in the loss of biodiversity, ecosystem function and resilience or human life, or the compromise of key management objectives for protected areas, registered game farms or private or communal land;

(f)

elephants often exist in close proximity to people, with the result that the elephants potentially pose a threat to the well-being of people and management measures must endeavour to limit these threats;

(g)

measures to manage elephants must be informed by the best available scientific information and, where the available scientific information is insufficient, adaptive management forms the cornerstone of the management of elephants and adaptive decision making tools must be adopted;

(h)

management interventions must, wherever practicable, be based on scientific knowledge or management experience regarding elephant populations and must -

(i)

take into account the social structure of elephants;

(ii)

be based on measures to avoid stress and disturbance to elephants;

(i)

where lethal measures are necessary to manage an elephant or group of elephants or to manage the size of elephant populations, these should be undertaken with caution and after all other alternatives have been considered;

(j)

while efforts should be made to ensure that elephants continue to play an important role in an already well established nature-based tourism sector this should not occur in an inappropriate, inhumane or unethical form or manner;

(k)

in the context of objective-based management of complex ecological systems elephants should not be accorded preference over other elements of biodiversity;

(l)

every effort must be made to safeguard elephants from abuse and neglect; and

(m)

elephant population in the wild should be managed in the context of objective-based management of the complex ecosystem in which they occur.

CHAPTER 2
GENERAL MANAGEMENT OF ELEPHANTS

Part 1
General Provisions

Restricted activities

4. No restricted activities in terms of the Biodiversity Act involving an elephant may be undertaken without a permit issued in terms of Regulation 18 of the Threatened or Protected Species Regulations.

Keeping of elephants

5. (1) An elephant may not be kept unless—

it is:

(a)

a wild elephant that ranges in a limited or an extensive wildlife system that forms part of —

(i)

a proclaimed protected area; or

(ii)

a registered game farm, private or communal land; or

(b)

a captive elephant kept at a captive facility; or

(c)

a wild elephant in temporary captivity; or

(d)

an ill or injured elephant or genuine orphan calf kept in a rehabilitation facility; or

(e)

a genuine orphaned calf that could not be rehabilitated successfully to a limited or extensive wildlife system, and is therefore kept in a sanctuary; and

(f)

kept in terms of an approved management plan.

(2) In the case of a limited and extensive wildlife system, the owner or person in control of elephants is responsible to provide for an ongoing assessment of the impact of the elephant on the habitat and ecological function of the area.

(3) A captive elephant may not be kept or handled without—

(a)

the elephant being fitted with two permanent internal microchips or transponders inserted one at the base of the tail and one in front of the left shoulder, the responsible person must submit the serial numbers of the transponders (microchips) to the issuing authority;

(b)

the responsible person creating and maintaining a system of identikits of each elephant as changes in tusks or ears occur, preferably by a set of photographs and forward these to the issuing authority for incorporation in the national register; and

(c)

there being a minimum of two trained elephant handlers permanently and exclusively allocated to the care of the elephant

(4) A permit to keep a captive elephant shall only be issued for a period of 36 months pursuant to which application must be made for the renewal in terms of regulation 38 of the Threatened of Protected Species Regulations.

Management plans

6. (1) The responsible person in relation to a protected area, registered game farm, private or communal land or in relation to a captive facility in which elephants are kept, is responsible—

(a)

to prepare a management plan; and

(b)

to submit the management plan to the issuing authority for approval.

(2) A management plan must—

(a)

comply with the following:

(i)

the process prescribed in the Protected Areas Act and the requirements in Annexure I for a wild elephant occurring on land that is declared as a protected area;

(ii)

for a wild elephant occurring on a registered game farm, private or communal land the requirements specified in Annexure I; or

(iii)

for a captive elephant, the requirements specified in Annexure II;

(b)

take into consideration the principles contained in paragraph 3;

(c)

be consistent with any biodiversity management plan developed in terms of section 43 of the Biodiversity Act;

(d)

include a contingency plan that deals with the fate of the elephant in the event of the death, insolvency or any other event that impairs the ability of the owner or the responsible person to care for the elephant;

(e)

contain an initial assessment as described in paragraph 7 and provide for the ongoing assessment of the impact of the elephant on the vegetation structure and ecological function of-

(i)

the area of enclosure; or

ii)

any area from which the elephant is deliberately excluded;

(f)

identify the potential for conflict between people and elephants in or on the borders of the area of enclosure and provide for emergency plans in the event of the escape of an elephant, including measures to deal with such an emergency;

(g)

identify interventions likely to be made and management measures likely to be adopted, based on the principle of adaptive management; and

(h)

include a culling plan, if and when culling is identified as an intervention in terms of paragraph 15(1) and set out the conditions under which culling would take place.

(3) the management plan referred to in subparagraph (1) may be incorporated in one of the following plans:

(a)

in relation to a protected area, the plan that has been prepared by the management authority in terms of section 39(2) of the Protected Areas Act and the requirements for a management plan as described in Annexure I and approved by the Minister or the MEC as the case may be; or

(b)

a biodiversity management plan that has been developed in terms of section 43 of the Biodiversity Act.

(4) When preparing a management plan and/or a culling plan for a protected area, registered game farm, private or communal land the responsible persons must develop their management plan according to Annexure I and II of these norms and standards.

Initial assessment

7. An assessment in terms of paragraph 6(2)(e) must—

(a)

consider the potential impact of the elephants on the biodiversity of the area and structure of the habitat into which the population is to be introduced;

(b)

take into account—

(i)

the availability of adequate food plants;

(ii)

the availability of adequate shelter;

(iii)

the availability of adequate water for drinking and bathing; and

(iv)

the size of the land available to the population;

(c)

be based on the following population parameters:

(i)

a cow-calf group;

(ii)

the possibility that two adult bulls may need to be introduced if juvenile males become troublesome; and

(iii)

an initial stocking density for the population that must equal or be less than 50% of the future maximum preferred elephant density for the land;

(d)

determine if the responsible person can provide for the physical, physiological, social and natural behavioural needs of the elephant; and

(e)

determine if the responsible person will meet and be capable of meeting the long-term financial commitments of owning or managing elephants.

Duty of care

8. The responsible person is obliged to—

(a)

provide responsible veterinary care;

(b)

remain abreast with new monitoring and research information on the management of elephants, especially captive elephants;

(c)

submit to the Institute all information that may be relevant to the development of properly planned monitoring and research programmes, a national and international database on elephant management and the development of best practises;

(d)

share information and experiences with other responsible persons;

(e)

provide for the safety of people, including guests and staff, interacting with the elephants in accordance with the requirements of Annexure III; and

(f)

not neglect or allow any neglect or abuse of the elephant.

Adequate enclosure

9. (1) An elephant should be kept in an area that is adequately enclosed.

(2) An area will be deemed to be adequately enclosed in terms of sub-paragraph (1) if it is—

(a)

a new protected area, newly registered game farm, private or communal land and a perimeter fence has been erected; or

(b)

a limited or an extensive wildlife system around which a perimeter fence has been erected.

(3) The minimum standard for a perimeter fence is—

(a)

a minimum height of 1.8m; and

(b)

electrified on the side occupied by the elephant in accordance with the requirements of Annexure V.

(4) The perimeter fence must be properly maintained.

(5) The provisions of sub-paragraph (1) shall not apply to-

(a)

an elephant in the process of translocation; and

(b)

that portion of a boundary that extends beyond an international border of the Republic.

Administering of scheduled substances and sedation

10. (1) The administering of scheduled substances to an elephant must be in accordance with the Medicines and Related Substances Act, 1965 (Act No.101 of 1965).

(2) An elephant may—

(a)

only be sedated as an extraordinary measure;

(b)

not be sedated repeatedly; and

(c)

only be sedated for the purpose of temporarily immobilising or tranquillising it -

(i)

to carry out a disease control procedure, scientific research or for management purposes;

(ii)

for treatment by a veterinarian; or

(iii)

to translocate or transport the animal.

(3) Sedation, or any administration of scheduled substances or veterinary procedures in terms of the Veterinary and Para-Veterinary Professions Act, 1982 (Act No. 19 of 1982) in terms of subparagraph (2) may only be carried out by a veterinarian and may be carried out from a motorised vehicle or aircraft.

Capture of elephants

11. (1) A wild elephant may only be captured under the following conditions:

(i)

The capture is for the purposes of temporary captivity;

(i)

The capture must comply with all relevant permitting requirements and conditions;

(ii)

The capture must be effected in accordance with the provisions of the Biodiversity Act; and

(iv)

The capture must take place in compliance with the relevant provisions of the Animal Protection Act, 1962 (Act No. 71 of 1962), and the Translocation of Certain Wild Herbivore (SABS Protocol SABS 0331), as amended.

(2) A wild elephant may be captured for introduction into a rehabilitation facility only if—

(a)

in the case of a sick or injured elephant, it is for treatment and recovery purposes and subsequent release into a limited or extensive wildlife system; or

(b)

it is a genuine orphan calf captured or to be captured on private or communal land for the purposes of rearing and subsequent release into a limited or extensive wildlife system; and

(c)

a permit authorising the removal of the elephant from the wild has first been obtained from the issuing authority in terms of the Threatened or Protected Species Regulations.

(3) A wild elephant may be captured to be kept in captivity with the approval of the Minister, only in exceptional circumstances, including but not limited to:

(i)

international agreements; or

(ii)

Scientific or research purposes.

Translocation, import and export of elephants

Click here to proceed to part 2 of Management of Elephants

12. (1) An elephant may not be translocated if it is—

(a)

a wild elephant that is intended to be kept in captivity in controlled environment, other than in terms of paragraph 11;

(b)

a wild elephant with a history of crop raiding, fence breaking, damaging property or aggression towards humans or livestock unless it is to be translocated to an area where there is no risk of damage from similar behaviour;

(c)

a wild elephant that has been previously translocated, except under extraordinary conditions; or

(d)

a wild or captive elephant from another country that is intended to be kept in captivity in the Republic.

(2) An elephant may only be translocated if it is—

(a)

part of a cow-calf group, and -

(i)

the entire cow-calf group is translocated; and

(ii)

the calves are more than 2 months old;

(b)

a bull to be introduced to an area where there is a cow-calf group and the cow-calf group has successfully established a natural range for a period of three months; or

(c)

for purposes of temporary captivity.

(3) An elephant may only be translocated on the following conditions:

(a)

the translocation must comply with all relevant permitting requirements;

(b)

the translocation must be effected in accordance with the provisions of the Biodiversity Act;

(c)

the translocation must comply with the relevant provisions of the Animal Protection Act, 1962 (Act No. 71 of 1962), and the Translocation of Certain Wild Herbivore (SABS Protocol SABS 0331), as amended;

(d)

if elephants are captured within a protected area for the purpose of translocation, the capture must be in accordance with an approved management plan for the protected area within which the elephant occurs;

(e)

if the elephants are to be introduced into a protected area, the introduction must be in accordance with an approved management plan for the protected area to which the elephant is to be introduced;

(f)

at the point of destination, the elephant must initially be released into a release camp constructed in accordance with the provisions of Annexure IV;

(g)

immediately prior to offloading into a release camp, the matriarch, other adults and juveniles must, if necessary, be tranquilized with short or long-acting tranquilisers; and

(h)

when there is an agreement or exchange programmes between state institutions for exhibition or scientific purposes.

(4) No wild or captive elephant may be-

(a)

imported into the Republic; or

(b)

exported from the Republic,

for the purposes of keeping it in captivity in a controlled environment, except in terms of paragraph 11 (3) or 12(5).

(5) Captive elephants which are part of a bona fide circus may be temporarily imported or exported for a limited, specified period, not exceeding the period of performance, for the sole purpose of use in the circus.

Release camps

13. (1) A release camp must conform to the requirements of Annexure IV.

(2) Except for the required management actions and in an emergency, there must be no interaction between a human and an elephant whilst the elephant is in a release camp.

(3) An elephant may not be kept in a release camp for a period exceeding 6 months except for veterinary treatment.

(4) Elephants are highly social animals and, other than in extraordinary circumstances, should not be housed separately from all of the other members of their immediate family.

(5) Subparagraph (3) does not apply in the case of an elephant in quarantine or as prescribed by a veterinarian.

Part 2
Management of Elephants in the Wild

Composition of wild elephant populations

14. (1) An elephant population in the wild must be managed with proper regard for—

(a)

the highly social nature of elephants;

(b)

the organised matriarchal system in which they normally operate;

(c)

the division of the population into different herds;

(d)

the division of a herd into cow-calf groups each under a matriarch;

(e)

the existence of adult bulls in a herd outside of the cow-calf groups; and

(f)

the role of adult bulls in dominating and controlling juvenile males.

(2) Bull elephants, between twenty-five and thirty-five years old must be introduced into areas where the only male elephants present are juvenile bulls.

Control of wild elephant population sizes and distribution

15. (1) Should it become necessary, within the objectives of the management plan of the area concerned to manage the size, or the composition or the rate of growth of a wild elephant population it must-

(a)

take place in terms of the management plan applicable to the area in which the population occurs and to the population;

(b)

use one or a combination of the following management options:

(i)

Contraception in terms of paragraph 17;

(ii)

Range manipulation in terms of paragraph 18;

(iii)

Translocation in terms of paragraph 12(2) and (3);

(iv)

Introduction of elephants in terms of paragraph 16 or 12(1);

(v)

Hunting in terms of paragraph 20 and 21; or

(vi)

Culling in terms of these Norms and Standards as well as the Threatened or Protected Species Regulations.

(2) Should it become necessary, within the objectives of the management plan of the area concerned to manage the spatial distribution of a wild elephant population within the boundaries of the area, it must—

(a)

take place in terms of the management plan applicable to the area in which the population occurs and to the population;

(b)

use one or a combination of the following management options:

(i)

Contraception in terms of paragraph 17;

(ii)

Range manipulation in terms of 18;

(iii)

Translocation in terms of sub-paragraphs 12(2) and (3); or

(iv)

Introduction of elephants in terms of paragraph 12(1) or 16(1)(b).

(3) The flow diagram in Annexure VI may be used as a guideline to determine the appropriate option.

Establishment of new populations of wild elephants

16. (1) A new population of wild elephants may be established by-

(a)

translocation of elephants from an existing population of wild elephants; or

(b)

introduction of captive elephants into a limited or an extensive wildlife system only after the issuing authority is satisfied that the elephants have been fully rehabilitated.

(2) A new population of wild elephants may be established subject to the following conditions:

(a)

The prior approval of a management plan for the population;

(b)

The prior assessment of the suitability of the land to which the population is to be translocated in terms of paragraph 12;

(c)

Adequate enclosure in terms of paragraph 9;

(d)

Stipulation of the initial population structures taking into account-

(i)

the matriarchal society of the animals;

(ii)

the initial population should not be less than 6 suitable animals, and should consist of a cow-calf group; and

(iii)

that adult bulls may only be introduced once the cow-calf group has successfully established a natural range;

(e)

Identification of the long term population structure in view of the management objectives of the population;

(f)

Written notification of the intended establishment to adjacent landowners, communities and any other person who may be directly affected by the intended establishment and requesting written comments within a period of thirty days; and

(g)

The issuing of a permit by the issuing authority.

Contraception

17. (1) The responsible person undertaking a programme to control the size of an elephant population by reducing the rate of reproduction of the elephant population using contraceptives must take into account that—

(a)

contraception is—

(i)

undesirable if it requires regular sedation of an elephant;

(ii)

difficult to implement in a large population;

(iii)

most appropriate in a small elephant population of 20 or less and has an uncertain or limited ability to reduce the number of elephants within a large population; or

(iv)

not effective in providing immediate control of an elephant population or dealing with the immediate need to reduce the size of an elephant population;

(b)

the use of vasectomy procedures in elephants are currently complex and until scientific knowledge improves, should only be considered in small populations; and

(c)

in publicly and privately owned protected areas, contraception should only be used in the context of approved research projects that are adequately designed to ensure meaningful conclusions regarding the efficacy of the techniques.

(2) Contraceptives must be—

(a)

administered by a registered veterinarian; and

(b)

applied in accordance with the Medicines and Related Substances Act, 1965 (Act No. 101 of 1965).

(3) A monitoring programme must be implemented to evaluate the effects of a contraception programme on the elephants.

(4) Vasectomy procedures must be -

(a)

undertaken by a veterinarian; and

(b)

applied in accordance with the Veterinary and Para-Veterinary Professions Act, 19 of 1982 and the Medicines and Related Substances Act, 1965 (Act No.101 of 1965).

Range manipulation

18. The movement of an elephant in the area in which it normally ranges may be altered by using one or a combination of the following methods, without compromising biodiversity objectives:

(a)

Management of the water supply of the elephants;

(b)

Management of the feed supply of the elephants;

(c)

The controlled use of fire in appropriate situations;

(d)

Preventing the elephants from entering or leaving a particular area of the land by:

(i)

erecting of enclosure fences; or

(ii)

erection of exclosure fences;

(e)

The creation of corridors of movement between different areas; or

(f)

The expansion of the range by acquisition of additional land.

Culling

19. Culling may be used to reduce the size of an elephant population subject to the following conditions:

(a)

Culling may be undertaken only in terms of a culling plan prepared by the responsible person with the assistance of an ecologist who is a recognised elephant management specialist and approved by the relevant issuing authority that sets out the conditions under which culling would take place and the manner in which the cull would to be implemented;

(b)

The culling plan must provide the issuing authority with the following information relating to the culling operation:

(i)

evidence that the actual or projected elephant numbers at a specific location are incompatible with the agreed land use objectives spelt out in the management plan and that a reduction in population numbers is therefore necessary;

(ii)

evidence that all other population management options, referred to in paragraph 15 have been rejected by the ecologist referred to in 19 (a) after appropriate consideration and evaluation;

(iii)

proposed number of elephants to be culled;

(iv)

proposed method of animal selection;

(v)

proposed time frames;

(vi)

proposed culling methods; and

(vii)

intended use of products;

(c)

An elephant may not be culled if it is—

(i)

part of a cow-calf group unless the entire cow-calf group, including the matriarch and juvenile bulls, is culled; or

(ii)

part of a group comprising only juvenile elephants, unless the entire group is culled;

(d)

Culling must be done with—

(i)

quick and humane methods;

(ii)

a rifle with a minimum calibre of .375 inches; and

(iii)

a bullet of a full metal jacket monolithic construction with a minimum weight of 300 grains and shall not include bullets of soft-nosed construction; and

(e)

The use of suxamethonium (Scoline) in culling is prohibited.

Part 3
Hunting

Hunting of elephants

20. (1) Only the following elephants may be hunted:

(a)

Solitary males;

(b)

Females, in terms of regulation 14(2)(b) of the Threatened or Protected Species Regulations and paragraph 25 of these Norms and Standards; and

(c)

Females on private or communal land according to the management plan.

(2) Subject to the exceptions in subparagraph (1) no elephant may be hunted in the immediate proximity of any female/calf group.

(3) A professional hunter registered with the issuing authority must be present for the full duration and supervise each hunt, when the hunter is a non South African citizen.

(4) A hunt must be carried out in compliance with the provisions of the Threatened or Protected Species Regulations and paragraphs 20 and 21 of these Norms and Standards.

Hunting methods

21. In addition to those methods regulated in terms of Regulation 26 of Threatened or Protected Species Regulations; the following methods of hunting elephants are prohibited:

(a)

driving an elephant by any means;

(b)

hunting within 500 metres of a water hole or watering point;

(c)

using a pitfall; or

(d)

hunting with—

(i)

a rifle with a calibre of less than .375 H&H; and

(ii)

a bullet with a full metal jacket or monolithic construction with a weight of not less than 286 grains or heavier bullet of monolithic or full metal jacket construction.

Part 4
Captive elephants

Provisions for captive elephants

22. (1) The provisions of the Animals Protection Act, 1962 (Act No. 71 of 1962), the Performing Animals Act, 1935 (Act No. 24 of 1935) and these Norms and Standards will apply to the general management of captive elephants as prescribed.

(2) The Minister shall within 12 months of these Norms and Standards coming into effect, publish an Annexure VII that provides Minimum Standards for the management of captive elephants, and compliance with these Minimum Standards shall be a requirement of the Management Plan and a condition of permits for keeping of elephants in captivity.

Keeping elephants in captivity

23. An elephant may only be kept in captivity if -

(a)

it was already permitted to be kept in captivity on the date that these Norms and Standards came into effect; or

(b)

it was conceived naturally and born in captivity in a controlled environment to captive elephants as per the approved management plan.

Registration of captive facilities for elephants

24. The owner of captive elephants is responsible to -

(a)

apply to register the facility in terms of regulation 27 of the Threatened and Protected Species Regulations, 2007 and keep a register / stud book of each captive elephant at the facility;

(b)

submit to the issuing authority a management plan complying with the requirements as set out in Annexure II; and

(c)

comply with any other relevant policy, procedure or framework that provides guidance for the management of elephants and that is approved by the Minister.

Part 5
Escaped or Roaming Elephants

Escaped or roaming elephants

25. (1) The obligation to control an elephant that has escaped from a protected area or an adequately enclosed area lies with the responsible person and issuing authority.

(2) The issuing authority is responsible to act as facilitator between the responsible person and the owner of or manager or other person in control of the property onto which the elephant has escaped to identify appropriate steps that may be taken to deal with the escaped elephant and the consequences of its escape.

(3) The responsible person is responsible to apply to the issuing authority for permission to—

(a)

capture the escaped elephant and return it to its normal range; or

(b)

subject to the written approval of the owner of or manager or other person in control of the property onto which the elephant has escaped—

(i)

hunt or arrange for the escaped elephant to be hunted; or

(ii)

destroy the escaped elephant or arrange for the escaped elephant to be destroyed.

(4) Should the responsible person fail to take steps in terms of sub-paragraph (5), the owner of the property onto which the elephant has escaped may—

(a)

apply for a permit in terms of the Threatened and Protected Species Regulations, 2007 to-

(i)

capture and—

(aa)

return the elephant to its normal range; or

(bb)

keep the elephant; or

(ii)

hunt or arrange for the escaped elephant to be hunted; or

(iii)

destroy or have the elephant destroyed; and

(b)

recover the cost incurred in terms of sub-paragraph (a)(i) or (iii) from the responsible person.

(5) An application in terms of subparagraph (4) must be accompanied with proof that the responsible person has been notified that the elephant has escaped from its normal range and the area in which it is currently ranging.

(6) The obligation to control a roaming elephant whose origin can not readily be determined lies with the issuing authority or the owner of or manager or other person in control of the property onto which the elephant has roamed, in consultation with the issuing authority.

(7) The responsible person, the owner of or manager or other person in control of the property onto which the elephant has roamed, must report such an incident to the issuing authority within a period not exceeding 24 hours after the incident has occurred.

(8) In the case where the origin of the elephant can not readily be determined, the owner of the property onto which the elephant has roamed may -

(a)

in terms of the Threatened and Protected Species Regulations, 2007 apply to the issuing authority for a permit to—

(i)

capture and keep the elephant;

(ii)

hunt or arrange for the roaming elephant to be hunted; or

(iii)

have the elephant destroyed at his own cost and for his own account; or

(b)

request that the issuing authority take responsibility for the elephant.

(9) The issuing authority is responsible to immediately take such steps as it deems appropriate to deal with the escaped or roaming elephant if—

(a)

notwithstanding the provisions of sub-paragraphs (3), (4) or (5), it is of the view that the elephant poses an immediate threat to people or may become damage causing;

(b)

the responsible person fails to expeditiously take steps pursuant to a permission granted in terms of sub-paragraph (6)(a); or

(c)

the owner of or manager or other person in control of the property onto which the elephant has escaped or roamed fails to expeditiously take steps pursuant to a permission granted in terms of sub-paragraph (6)(b).

Part 6
General

Short title and commencement

26. These norms and standards are called the National Norms and Standards for the Management of Elephants in South Africa, 2008, and take effect on 1 May 2008.

ANNEXURE I

MANAGEMENT PLANS FOR WILD ELEPHANTS

A management plan for a wild elephant shall contain at least all the following information:

Section A. General information and inventory

1.

General

1.1

Names of owner and manager.

1.2

Postal address.

1.3

Telephone and fax numbers.

1.4

Farm name (including all registered farm names, numbers and portion numbers in the fenced area).

1.5

Precise extent of the property and the specific enclosure where the elephants will be kept.

1.6

Description of the land uses and activities on all neighbouring properties. Description of land uses must be specific such as irrigation farming.

1.7

Name, contact details and qualifications of an ecologist or compiler of the plan or person who did the survey.

1.8

Proximity to settlements, rural communities and tribal land.

1.9

Information as to whether there is potential for enlarging the property.

1.10

Specifications of the perimeter fence.

2.

Ecological

2.1

General climatic and hydrological data (e.g. rainfall, temperatures).

2.2

General description of the geology.

2.3

General description of the soils.

2.4

Detailed description of the vegetation.

2.5

Preferred management density of elephants.

2.6

Game species and numbers present on property.

2.7

Sensitive habitats and species.

2.8

Disturbed or degraded areas such as bush encroachment and soil erosion.

2.9

Description of all available water bodies and distribution thereof described.

2.10

Maps:

(a)

Location map.

(b)

Topographic map of property (boundary of farm(s) and camp(s), roads, water points, infrastructure, etc.).

(c)

Vegetation communities.

Ecological information should be collected and analysed by an ecologist. Methods used should be scientific and described in detail. The scale of the maps should be at least 1-50 000.

Section B. Management goals and objectives

3.

Habitat

3.1

Veld condition monitoring methods and time schedules.

3.2

Rehabilitation programme for degraded areas.

3.3

Fire management plan.

3.4

Water provision.

3.5

Population management of other wildlife species.

3.6

Preferred management density.

4.

Information pertaining to elephants

4.1

Purpose of introduced elephant.

4.2

Public participation reports, where there is contractual arrangements between the management authority of a protected area and a private land owner(s).

4.3

Specifications for the release camp.

4.4

Control of elephant population size.

4.5

If and how sex and age ratios will be manipulated.

4.6

Measures to prevent poaching.

4.7

Provision for adequate insurance.

4.8

Contingency plans to deal with elephant problems (including contact details of responsible manager, veterinary practitioner and capture operators)—

(a)

in the case of the fence being unable to contain the elephants.

(b)

in the case of the alteration of the habitat beyond acceptable limits.

4.9

Feeding scheme in case of a natural food supply shortfall.

4.10

Threat analysis and security plan.

Section C Information to be provided after approval for the introduction of elephants, but before a permit may be issued

5.

Details of the elephants

5.1

The complete translocation history of each individual:

(a)

Origin of the elephants (e.g. location, habitat, fencing and size of reserve/farm); and

(b)

The age of elephants and selection of elephants to be translocated (e.g. exposure to tourists, fences and boma).

5.2

Serial numbers of transponders (microchips) to be inserted where appropriate.

5.3

The management of the capture, transport and keeping in boma (including sedation) of elephants, as well as the name of the acting veterinary practitioner.

Two hard copies of the management plan must be handed in at the provincial authority. The applicant will be informed in writing if the plan has been accepted/rejected or if the plan has to be amended.

ANNEXURE II

MANAGEMENT PLANS FOR CAPTIVE ELEPHANTS

A management plan for captive elephants shall contain at least all of the following information:

Section A. General information and inventory

1.1

Names of owner and manager.

1.2

Postal address.

1.3

Telephone and fax numbers.

1.4

Farm name (including all registered farm names, numbers and portion numbers in the fenced area).

1.5

Precise extent of the property and the specific enclosure details where the elephants will be kept.

1.6

Description of the land uses and activities on all neighbouring properties. Description of land uses must be specific such as irrigation farming.

1.7

Name, contact details and qualifications of an ecologist, should one have been consulted, who did the survey.

1.8

Proximity to settlements, rural communities and tribal land.

1.9

Information as to whether there is potential for enlarging the property.

1.10

Specifications of the perimeter fence and / or adequate enclosure.

Section B. Specific information relating to elephants

2.1

Purpose of keeping captive elephants and proposed uses of the elephant.

2.2

Projected elephant numbers for next 5, 10 and 20 years.

2.3

Control of elephant population sizes - management options to be used if required.

2.4

Proof of notification of neighbours.

2.5

Measures to prevent poaching, unnecessary and/or deliberate disturbances and harassing.

2.6

Provision for adequate insurance.

2.7

Contingency plans to deal with elephant problems (including contact details of responsible manager, veterinary practitioner and capture operator/s)-

(a)

in the case of the fence being unable to contain the elephants.

(b)

in the case of the alteration of the habitat beyond acceptable limits.

2.6

Description of housing facilities.

2.7

Description of activities, training methods and tools used.

2.8

Identification characteristics of individual elephants to be provided to the issuing authority within 30 days after approval.

2.9

Serial numbers of transponders (microchips or any other current form of tracking for elephants more than two (2) years old) to be inserted, to be provided to the issuing authority within 30 days after approval.

2.10

Description of provisions to minimise stress and trauma to the elephants.

2.11

Description of provisions to cater for the social structure of the elephants.

2.12

Description of projected growth patterns and measures for population management.

2.13

Description of provisions relating to veterinary care.

2.14

The complete history of each individual:

(a)

Origin of the elephants (e.g. location, habitat, fencing and size of reserve/farm).

(b)

The age of elephants.

2.15

Emergency procedures describing the following:

(a)

Reactive and preventative procedures for elephants out of control, injured or sick elephants;

(b)

Personnel emergency procedures including reactive and preventative procedures aimed at stabilizing elephants out of control and managing injured staff, guests or elephants; and

(c)

Guest emergency procedures.

Two hard copies of the management plan must be handed in at the provincial authority. The applicant will be informed in writing if the plan has been accepted/ rejected or if the plan has to be amended.

ANNEXURE III

SECURITY-WHEN DEALING WITH WILD ELEPHANTS

1.

Bephants are wild animals and can be very dangerous if not treated with respect and caution.

2.

The responsibility of safe encounters with elephant lies entirely in the hands of the field guides and land owners.

3.

High standards of guest and staff safety should be maintained at all times.

4.

Guides should be adequately qualified and experienced to protect the guests.

5.

The following are recommended specifically:

5.1

All tourist facilities and amenities should be ring fenced with an electric fence, so should staff villages;

5.2

Where river frontage occurs an electrified cabled fence must be erected to keep elephant out of tourist camps; and

5.3

Fencing of sewage ponds and rubbish pits with electrified fence.

6.

Regarding vehicles, the following is recommended:

6.1

Expanded mesh should be attached to vehicles to at least cover the height of the legs of guests and doors must be present in the cab to protect the driver and his passenger;

6.2

All vehicles must be reliable and in a good running mechanical condition and be fitted with adequate spare wheels and repair kits;

6.3

Functional radios are essential;

6.4

Well-prepared emergency action plan;

6.5

When guests drive on their own the following should be supplied:

6.5.1

Information on the potential dangers of elephants (i.e. cows with calves);

6.5.2

Information on how to identify, approach and behave near bulls in must; and

6.5.3

Strict regulations of how to behave near wild elephants:

(a)

Not to drive off road;

(b)

Not to follow the elephants;

(c)

To respect the elephants at all times;

(d)

To always allow them the right of way;

(e)

To drive off slowly if they get too near;

(f)

Not to cut off their path especially when more than one vehicle present;

(g)

Not unnecessarily increase the noise emitted by the motor vehicle engine; and

(h)

Not to leave the vehicle.

ANNEXURE IV

REQUIREMENTS FOR RELEASE CAMPS

The purpose of the release camps is to teach the elephants to respect electricity; and to enable the group to re-bond following the disruption of translocation.

1.

The release camp must—

1.1

be prepared well ahead of time;

1.2

be inspected and approved beforehand by the issuing authority;

1.3

be easily accessible by large, low-bed transport trucks with access roads able to adequately carry such vehicles, due consideration be given to all bridges and culverts and large trees;

1.4

be located adjacent to the centre of the protected area or registered game farm;

1.5

have access and use of a water source;

1.6

be a minimum width of 100 metres;

1.7

be a minimum area of two hectares for every six elephants;

1.8

have adequate clean drinking water;

1.9

include a possibility for mud-wallowing with a solid cement or rock floor and supplied with water to prevent small calves from becoming trapped; and

1.10

is sufficiently vegetated to provide security and shade for the elephants.

2.

The fence of the release camp must—

2.1

have a minimum height of 2,4 metres;

2.2

be constructed using steel railway tracks lines or steel poles filled with concrete as uprights set in concrete ten metres apart;

2.3

have a minimum of five strands of steel cables, each having a minimum diameter of 16mm, one placed at ground level and thereafter at minimum intervals of 500mm. The cable must be strung on the inside of the poles except at the corners, where it must go around the outside of the corner post;

2.4

have a galvanised veldspan fence erected from ground level to the top of the fence with steel droppers, each having a minimum top width of 100mm, placed at intervals of one metre apart;

2.5

be electrified in the following manner:

(i)

five strands of wire;

(ii)

the offsets must be to the inside;

(iii)

a voltage of 6000 - 9000 V should be maintained;

(iv)

the bottom strand must be 300mm above ground level. The second strand must be 1,0m above ground level and the remaining strands are to be spaced approximately 500mm apart. The top strand must be placed at the top of the fence with an additional earth strand. Double offset brackets should be used for all strands, especially when bulls are introduced;

(v)

the offsets must be five metres apart to prevent the elephants from causing a short when they push against the fence; and

(vi)

if elephants are ranging on the property outside the release camp, it is essential that the paddock is also electrified with three strands on the outside.

2.6

where adult bulls are to be introduced, be reinforced with the following:

(i)

additional earthing that can be obtained by wetting the area directly inside the fence prior to the animals arriving;

(ii)

a second inner electric fence erected two metres inside the perimeter of the paddock fence using Y metal standards or using good quality offset brackets;

(iii)

spanning electrified strands across the corners of the release camp. It is advisable to construct a paddock of 2 hectares, so as to ensure that the elephants do not run through the fence in panic, and so that they have sufficient food during their stay. Additional re-enforcement of the gate can be achieved by using horizontal steel poles; and

2.7

not be near large trees that the elephants may push onto the fence and cause a short.

3.

The offloading ramp must—

3.1

be placed outside the fence;

3.2

be at least 2, 4m wide and 1 m high;

3.3

have containing walls that are—

(i)

three metres high;

(ii)

reinforced;

(iii)

constructed with steel poles that are concreted into the ramp; and

(iv)

are sufficiently strong to prevent the elephants from pushing them over when offloaded; and

3.4

have a gate that—

(i)

separates the offloading ramp from the release camp;

(ii)

is constructed of heavy steel;

(iii)

is electrified when closed;

(iv)

is reinforced by thick horizontal poles pushed through steel brackets after the elephants have been offloaded;

(v)

is additionally reinforced if bulls are to be introduced; and

(vi)

is six metres wide;

(vii)

is of a sliding design; and

(viii)

can be opened remotely with a cable or rope, if necessary.

ANNEXURE V

ELECTRIFICATION OF PERIMETER FENCES

A perimeter fence to an area in which an elephant population is kept must be electrified in accordance with the following requirements:

1.

The fence must have at least three strands of electrical wires that are structured in the following manner:

1.1

each strand must have a minimum diameter of 2.24mm;

1.2

a minimum of two electrified strands, one at 1.0 -1.5 m and the other at the top. In situations where electrification cannot be relied on, the fence must be strong enough to contain elephants without electrification;

1.3

the second strand must be 1.5m above ground level with 225mm or 450mm double offset brackets;

1.4

the top strand must be on the top of fence with 450mm double offset brackets; and

1.5

an earth strand must be affixed to the double offset brackets 10cm on the inside of each live wire strand; ideally earth pegs should be every 100 to 200 metres apart to achieve minimum voltage.

2.

A minimum voltage of 6000 V must be maintained on the whole perimeter.

3.

Energisers must be large enough to maintain at least 6000 V over a distance of 8km and should not release less than 6 Joules.

4.

Danger signs indicating electrified fencing and elephants must be erected on the fence at regular intervals and all likely points of human contact.

ANNEXURE VI - FLOW DIAGRAM RELATING TO MANAGEMENT OPTIONS

No. 251      29 February 2008

(Government Gazette 30833)

NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY ACT, 2004 (ACT NO. 10 OF 2004)

NATIONAL NORMS AND STANDARDS FOR THE MANAGEMENT OF ELEPHANTS IN SOUTH AFRICA

I, Marthinus van' Schalkwyk, Minister of Environmental Affairs and Tourism, hereby issue National Norms and Standards for the Management of Elephants in South Africa in terms of section 9 of the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004) as set out in the Schedule.

SCHEDULE

TABLE OF CONTENTS

CHAPTER 1
INTERPRETATION, PURPOSE AND APPLICATION

1.
Definitions

2.
Purpose and application

3.
Guiding principles

CHAPTER 2
GENERAL MANAGEMENT OF ELEPHANTS

Part 1
General provisions

4.
Restricted activities

5.
Keeping of elephants

6.
Management plans

7.
Initial assessment

8.
Duty of care

9.
Adequate enclosure

10.
Administration of scheduled substances and sedation

11.
Capture of elephants

12.
Translocation, import and export of elephants

13.
Release camps

Part 2
Management of elephants in the wild

14.
Composition of wild elephant populations

15.
Control of wild elephant population sizes and distribution

16.
Establishment of new populations of wild elephants

17.
Contraception

18.
Range manipulation

19.
Culling

Part 3
Hunting

20.
Hunting of elephants

21.
Hunting methods

Part 4
Captive elephants

22.
Provisions for captive elephants

23.
Keeping elephants in captivity

24.
Registration of captive facilities for elephants

Part 5
Escaped or Roaming Elephants

25.
Escaped or Roaming Elephants

Part 6
General

26.
Short title and commencement

ANNEXURES

Annexure I Management plans for wild elephants

Annexure II Management plans for captive elephants

Annexure III Security - when dealing with wild elephants

Annexure IV Requirements for release camps

Annexure V Electrification of perimeter fences

Annexure VI Flow diagram relating to management options

CHAPTER 1
INTERPRETATION, PURPOSE AND APPLICATION

Definitions

1. (1) In these Norms and Standards, unless the context indicates otherwise, a word or expression defined in the Biodiversity Act or Protected Areas Act has the same meaning, and—

"adaptive management" means integrated research, planning and monitoring in repeated cycles of learning in order to better define and achieve objectives, and is built on the assumption that natural extensive wildlife systems are complex, our knowledge is imperfect but we can learn from purposeful, documented objectives and actions;

"applicable legislation" means-

(a)

the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003);

(b)

the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004);

(c)

legislation and instruments mentioned in section 88(3) of the Biodiversity Act, 2004;

(d)

any regulations issued in terms of section 97 of the Biodiversity Act, 2004, or referred to in section 49 of the Protected Areas Act which apply to the implementation of these norms and standards;

(e)

these Norms and Standards and annexures thereto;

(f)

the Animals Protection Act, 1962 (Act No. 71 of 1962);

(g)

the Performing Animals Protection Act, 1935 (Act No. 24 of 1935);

h)

the Animal Matters Amendment Act, 1993 (Act No. 42 of 1993);

i)

the Animal Health Act, 2002 (Act No. 7 of 2002);

j)

the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993);

k)

the Animals Diseases Act, 1984 (Act No. 35 of 1984);

l)

the Conservation of Agricultural Resources Act, 1983 (Act No. 43 of 1983);

m)

the Medicines and Related Substances Act, 1965 (Act No. 101 of 1965);

n)

the Meat Safety Act, 2000 (Act No. 40 of 2000); and

o)

the Veterinary and Para-Veterinary Professions Act, 1982 (Act No. 19 of 1982);

p)

the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972)

q)

the Animal Improvement Act, 1998 (Act No. 62 of 1998)

"Biodiversity Act" means the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004);

"biodiversity" means the variability among living organisms from all sources including terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part and also includes diversity within species, between species, and of ecosystems;

"born in captivity" means an elephant conceived naturally and born to a captive elephant in a controlled environment;

"captive elephant" means an elephant that is kept in captivity in a controlled environment, including elephants kept in captivity for rehabilitation, but excluding wild elephants in temporary captivity for other purposes;

"captive facility" means a registered facility in accordance with the provisions of Regulation 27 of the Threatened or Protected Species Regulations, 2007 and paragraph 24 of these Norms and Standards;

"capture" includes searching, pursuing, driving, chasing, darting, lying in wait, luring, alluring, discharging a missile, catching, sedating, or exercising physical control by any other means, method or devise, with the intent not to kill;

"controlled environment" in relation to elephant management means an enclosure designed to hold an elephant in any way that -

(a)

prevents it from escaping; and

(b)

facilitates intensive human intervention in the form of provision of:

(i)

food or water;

(ii)

artificial housing; or

(iii)

veterinary or health care;

and is less than 2000 ha;

"cow-calf group" means a cohesive group of females and their calves led by the matriarch or another older female, which associate regularly and closely with one another over time;

"culling" has the meaning as defined by the Threatened or Protected Species Regulations;

"damage causing elephant" has the meaning as defined by the Threatened or Protected Species Regulations;

"defined herd" means a cohesive group of elephants that exist in a limited or extensive wildlife system;

"destroy" means to intentionally kill an elephant for management purposes;

"ecologist" means a person registered as an ecologist under section 20 of the Natural Scientific Professions Act, 2003 (Act No. 27 of 2003);

"elephant population" means a group of elephants freely associating in a given environment;

"escaped elephant" means—

(a)

a wild elephant that has escaped from a protected area, or an adequately enclosed or suitably fenced property, but has not become a damage causing elephant; or

(b)

a captive elephant that has escaped from captivity;

"extensive wildlife system has the meaning as defined by the Threatened or Protected Species Regulations;

"genuine orphan calf" means an elephant calf that—

(a)

is less than 2 years old;

(b)

its mother has clearly died of natural causes or poaching;

(c)

has been rejected by the elephant population of which it forms part; and

(d)

is likely to die if it is not taken into captivity;

"handler" means a trained person who is responsible for controlling, caring for, cleaning or managing a captive elephant;

"hunt" has the meaning as defined by the Threatened or Protected Species Regulations;

"institute" means the South African National Biodiversity Institute (SANBI), established in terms of section 10 of the Biodiversity Act;

"issuing authority" has the meaning as defined by the Threatened or Protected Species Regulations;

"kept in captivity" or "captive kept" has the meaning as defined by the Threatened or Protected Species Regulations, provided that the definition of "controlled environment" given in these norms and standards applies specifically in relation to the management of elephants;

"limited wildlife system" in relation to elephant management means-

(a)

an area that is suitable for management of elephant populations of less than 15 animals, with minimal human intervention, except the provision of water and supplementation of food in times of drought;

(b)

is fenced to hold an elephant in a way that prevents it from escaping; and

(c)

is larger than 2000 ha and less than 5000 ha,

but excludes fenced land on which self-sustaining wild populations of elephants are managed in an extensive wildlife system;

"management authority" in relation to a protected area, means the organ of state or other institution or person in which the authority to manage the protected area is vested;

"management plan" means the management plan referred to in paragraph 6;

"preferred management density" means a stocking rate, or an acceptable range of densities within which a population may be allowed to fluctuate naturally;

"professional hunter" has the meaning as defined by the Threatened or Protected Species Regulations;

"Protected Areas Act" means the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003);

"protected area" means an area declared as such in terms of the Protected Areas Act

"range manipulation" means the alteration of the natural range of an elephant population, whether through limitation, extension or expansion by using fires, provision or opening or closure of, watering points, feed, fencing, driving or other human activity;

"registered game farm" has the meaning as defined by the Threatened or Protected Species Regulations;

"responsible person" means the owner or manager of an elephant, the owner or manager of the land on which an elephant normally ranges or a management authority of a protected area;

"rehabilitation facility" has the meaning as defined by the Threatened or Protected Species Regulations;

"rehabilitation" means the keeping in captivity for the treatment and recovery of sick or injured elephant, or the rearing of genuine orphan elephants, for the sole purpose of returning them to the wild in a limited or an extensive wildlife system as soon as possible;

"roaming elephant" means an elephant from a known or unknown locality for which responsibility can not readily be determined;

"scheduled substance" means a medicine or other substance prescribed under section 22A of the Medicines and Related Substances Act, 1965 (Act No.101 of 1965);

"sanctuary" has the meaning as defined by the Threatened or Protected Species Regulations;

"temporary captivity" means a wild elephant that is kept in a controlled environment for a short period of time for the purpose of—

(a)

translocation, release camps, transfer or transport;

(b)

quarantine;

(c)

veterinary treatment; or

(d)

rehabilitation, in the case of injured or genuine orphan elephants;

"Threatened or Protected Species Regulations" means the regulations made by the Minister of Environmental Affairs and Tourism in terms of section 97 of the Biodiversity Act, relating to listed threatened or protected species published under Government Notice No.R.152 in Gazette No.29657 of 23 February 2007, as amended;

"translocation" means the removal by human and mechanical means of a wild elephant from its existing location to another area;

"veterinarian" means a person registered in terms of the Veterinary and Para-Veterinary Professions Act, 1982 (Act No. 19 of 1982);

"wild elephant" means an elephant that—

(a)

is not a captive elephant or is in temporary captivity, pending release into a limited or an extensive wildlife system; or

(b)

is in a limited or an extensive wildlife system;

(2) In these Norms and Standards, a word or expression which is a derivative or other grammatical form of a word or expression defined in subparagraph (1) or in the Biodiversity Act or Protected Areas Act, has a corresponding meaning unless the context indicates that another meaning is intended.

Purpose and application

2. (1) In terms of Section 9(1) of the Biodiversity Act, the Minister may, by notice in the Gazette—

(a)

issue norms and standards for the achievement of any of the objectives of this Act, including for the -

(i)

management and conservation of South Africa's biological diversity and its components;

(ii)

restriction of activities which impact on biodiversity and its components; and

(b)

set indicators to measure compliance with those norms and standards.

(2)

The purpose is to set national norms and standards to ensure that -

(a)

elephants are managed in the Republic in a way that -

(i)

ensures the long term survival of elephants within the ecosystem in which they occur or may occur in future;

(ii)

promotes broader biodiversity and socio-economic goals that are ecologically, socially and economically sustainable;

(iii)

does not disrupt the ecological integrity of the ecosystems in which elephants occur;

(iv)

enables the achievement of specific management objectives of protected areas, registered game farms, private or communal land;

(v)

ensures the sustainable use of hair, skin, meat and ivory products; and

(vi)

is ethical and humane and

(vii)

recognises their sentient nature, highly organised social structure and ability to communicate,

(b)

the management of elephants is regulated—

(i)

in a way that—

(aa)

is uniform across the Republic; and

(bb)

takes into account the Republic's international obligations in terms of international agreements on biodiversity management binding on the Republic; and

(ii)

in accordance with national policies on biodiversity management and sustainable development.

(3)

These norms and standards are informed by the principles contained in paragraph 3.

(4)

The provisions of these norms and standards apply to the management of elephants wherever they occur within the Republic or where a permit to import is applied for.

(5)

The provisions of these Norms and standards must be read with the Threatened and Protected Species Regulations, 2007.

Guiding Principles

3. Any person executing a function or exercising a power or carrying out an activity that relates, directly or indirectly, to an elephant must do so with regard to the following further principles:

(a)

elephants are intelligent, have strong family bonds and operate within highly socialised groups and unnecessary disruption of these groups by human intervention should be minimised;

(b)

while it is necessary to recognise the charismatic and iconic status of elephants and the strong local and international support for their protection, proper regard must be given to the impacts of elephants on biodiversity or people living in proximity to elephants;

(c)

elephants are recognised engineers of habitat change and their presence or absence has a critical effect on the way in which ecosystems function;

(d)

the movement of elephants throughout their historical range has been disrupted by the activities of people over the last two centuries;

(e)

careful conservation management has led to the significant growth of elephant populations and human intervention may be necessary to ensure that any future growth occurs in a manner that does not result in the loss of biodiversity, ecosystem function and resilience or human life, or the compromise of key management objectives for protected areas, registered game farms or private or communal land;

(f)

elephants often exist in close proximity to people, with the result that the elephants potentially pose a threat to the well-being of people and management measures must endeavour to limit these threats;

(g)

measures to manage elephants must be informed by the best available scientific information and, where the available scientific information is insufficient, adaptive management forms the cornerstone of the management of elephants and adaptive decision making tools must be adopted;

(h)

management interventions must, wherever practicable, be based on scientific knowledge or management experience regarding elephant populations and must -

(i)

take into account the social structure of elephants;

(ii)

be based on measures to avoid stress and disturbance to elephants;

(i)

where lethal measures are necessary to manage an elephant or group of elephants or to manage the size of elephant populations, these should be undertaken with caution and after all other alternatives have been considered;

(j)

while efforts should be made to ensure that elephants continue to play an important role in an already well established nature-based tourism sector this should not occur in an inappropriate, inhumane or unethical form or manner;

(k)

in the context of objective-based management of complex ecological systems elephants should not be accorded preference over other elements of biodiversity;

(l)

every effort must be made to safeguard elephants from abuse and neglect; and

(m)

elephant population in the wild should be managed in the context of objective-based management of the complex ecosystem in which they occur.

CHAPTER 2
GENERAL MANAGEMENT OF ELEPHANTS

Part 1
General Provisions

Restricted activities

4. No restricted activities in terms of the Biodiversity Act involving an elephant may be undertaken without a permit issued in terms of Regulation 18 of the Threatened or Protected Species Regulations.

Keeping of elephants

5. (1) An elephant may not be kept unless—

it is:

(a)

a wild elephant that ranges in a limited or an extensive wildlife system that forms part of —

(i)

a proclaimed protected area; or

(ii)

a registered game farm, private or communal land; or

(b)

a captive elephant kept at a captive facility; or

(c)

a wild elephant in temporary captivity; or

(d)

an ill or injured elephant or genuine orphan calf kept in a rehabilitation facility; or

(e)

a genuine orphaned calf that could not be rehabilitated successfully to a limited or extensive wildlife system, and is therefore kept in a sanctuary; and

(f)

kept in terms of an approved management plan.

(2) In the case of a limited and extensive wildlife system, the owner or person in control of elephants is responsible to provide for an ongoing assessment of the impact of the elephant on the habitat and ecological function of the area.

(3) A captive elephant may not be kept or handled without—

(a)

the elephant being fitted with two permanent internal microchips or transponders inserted one at the base of the tail and one in front of the left shoulder, the responsible person must submit the serial numbers of the transponders (microchips) to the issuing authority;

(b)

the responsible person creating and maintaining a system of identikits of each elephant as changes in tusks or ears occur, preferably by a set of photographs and forward these to the issuing authority for incorporation in the national register; and

(c)

there being a minimum of two trained elephant handlers permanently and exclusively allocated to the care of the elephant

(4) A permit to keep a captive elephant shall only be issued for a period of 36 months pursuant to which application must be made for the renewal in terms of regulation 38 of the Threatened of Protected Species Regulations.

Management plans

6. (1) The responsible person in relation to a protected area, registered game farm, private or communal land or in relation to a captive facility in which elephants are kept, is responsible—

(a)

to prepare a management plan; and

(b)

to submit the management plan to the issuing authority for approval.

(2) A management plan must—

(a)

comply with the following:

(i)

the process prescribed in the Protected Areas Act and the requirements in Annexure I for a wild elephant occurring on land that is declared as a protected area;

(ii)

for a wild elephant occurring on a registered game farm, private or communal land the requirements specified in Annexure I; or

(iii)

for a captive elephant, the requirements specified in Annexure II;

(b)

take into consideration the principles contained in paragraph 3;

(c)

be consistent with any biodiversity management plan developed in terms of section 43 of the Biodiversity Act;

(d)

include a contingency plan that deals with the fate of the elephant in the event of the death, insolvency or any other event that impairs the ability of the owner or the responsible person to care for the elephant;

(e)

contain an initial assessment as described in paragraph 7 and provide for the ongoing assessment of the impact of the elephant on the vegetation structure and ecological function of-

(i)

the area of enclosure; or

ii)

any area from which the elephant is deliberately excluded;

(f)

identify the potential for conflict between people and elephants in or on the borders of the area of enclosure and provide for emergency plans in the event of the escape of an elephant, including measures to deal with such an emergency;

(g)

identify interventions likely to be made and management measures likely to be adopted, based on the principle of adaptive management; and

(h)

include a culling plan, if and when culling is identified as an intervention in terms of paragraph 15(1) and set out the conditions under which culling would take place.

(3) the management plan referred to in subparagraph (1) may be incorporated in one of the following plans:

(a)

in relation to a protected area, the plan that has been prepared by the management authority in terms of section 39(2) of the Protected Areas Act and the requirements for a management plan as described in Annexure I and approved by the Minister or the MEC as the case may be; or

(b)

a biodiversity management plan that has been developed in terms of section 43 of the Biodiversity Act.

(4) When preparing a management plan and/or a culling plan for a protected area, registered game farm, private or communal land the responsible persons must develop their management plan according to Annexure I and II of these norms and standards.

Initial assessment

7. An assessment in terms of paragraph 6(2)(e) must—

(a)

consider the potential impact of the elephants on the biodiversity of the area and structure of the habitat into which the population is to be introduced;

(b)

take into account—

(i)

the availability of adequate food plants;

(ii)

the availability of adequate shelter;

(iii)

the availability of adequate water for drinking and bathing; and

(iv)

the size of the land available to the population;

(c)

be based on the following population parameters:

(i)

a cow-calf group;

(ii)

the possibility that two adult bulls may need to be introduced if juvenile males become troublesome; and

(iii)

an initial stocking density for the population that must equal or be less than 50% of the future maximum preferred elephant density for the land;

(d)

determine if the responsible person can provide for the physical, physiological, social and natural behavioural needs of the elephant; and

(e)

determine if the responsible person will meet and be capable of meeting the long-term financial commitments of owning or managing elephants.

Duty of care

8. The responsible person is obliged to—

(a)

provide responsible veterinary care;

(b)

remain abreast with new monitoring and research information on the management of elephants, especially captive elephants;

(c)

submit to the Institute all information that may be relevant to the development of properly planned monitoring and research programmes, a national and international database on elephant management and the development of best practises;

(d)

share information and experiences with other responsible persons;

(e)

provide for the safety of people, including guests and staff, interacting with the elephants in accordance with the requirements of Annexure III; and

(f)

not neglect or allow any neglect or abuse of the elephant.

Adequate enclosure

9. (1) An elephant should be kept in an area that is adequately enclosed.

(2) An area will be deemed to be adequately enclosed in terms of sub-paragraph (1) if it is—

(a)

a new protected area, newly registered game farm, private or communal land and a perimeter fence has been erected; or

(b)

a limited or an extensive wildlife system around which a perimeter fence has been erected.

(3) The minimum standard for a perimeter fence is—

(a)

a minimum height of 1.8m; and

(b)

electrified on the side occupied by the elephant in accordance with the requirements of Annexure V.

(4) The perimeter fence must be properly maintained.

(5) The provisions of sub-paragraph (1) shall not apply to-

(a)

an elephant in the process of translocation; and

(b)

that portion of a boundary that extends beyond an international border of the Republic.

Administering of scheduled substances and sedation

10. (1) The administering of scheduled substances to an elephant must be in accordance with the Medicines and Related Substances Act, 1965 (Act No.101 of 1965).

(2) An elephant may—

(a)

only be sedated as an extraordinary measure;

(b)

not be sedated repeatedly; and

(c)

only be sedated for the purpose of temporarily immobilising or tranquillising it -

(i)

to carry out a disease control procedure, scientific research or for management purposes;

(ii)

for treatment by a veterinarian; or

(iii)

to translocate or transport the animal.

(3) Sedation, or any administration of scheduled substances or veterinary procedures in terms of the Veterinary and Para-Veterinary Professions Act, 1982 (Act No. 19 of 1982) in terms of subparagraph (2) may only be carried out by a veterinarian and may be carried out from a motorised vehicle or aircraft.

Capture of elephants

11. (1) A wild elephant may only be captured under the following conditions:

(i)

The capture is for the purposes of temporary captivity;

(i)

The capture must comply with all relevant permitting requirements and conditions;

(ii)

The capture must be effected in accordance with the provisions of the Biodiversity Act; and

(iv)

The capture must take place in compliance with the relevant provisions of the Animal Protection Act, 1962 (Act No. 71 of 1962), and the Translocation of Certain Wild Herbivore (SABS Protocol SABS 0331), as amended.

(2) A wild elephant may be captured for introduction into a rehabilitation facility only if—

(a)

in the case of a sick or injured elephant, it is for treatment and recovery purposes and subsequent release into a limited or extensive wildlife system; or

(b)

it is a genuine orphan calf captured or to be captured on private or communal land for the purposes of rearing and subsequent release into a limited or extensive wildlife system; and

(c)

a permit authorising the removal of the elephant from the wild has first been obtained from the issuing authority in terms of the Threatened or Protected Species Regulations.

(3) A wild elephant may be captured to be kept in captivity with the approval of the Minister, only in exceptional circumstances, including but not limited to:

(i)

international agreements; or

(ii)

Scientific or research purposes.

Translocation, import and export of elephants

The equine pre-purchase examination – guidelines and principles

Ann Carstens, BVSc , MS , MMedVet

Pre-purchase examination of the horse should be a prerequisite for any potential buyer to ensure s/he is optimally informed as to the health status of the animal in question. How many times have we as equine practitioners or those with the occasional equine patient, not been involved with the sad case in which our client presents us with a recently procured animal with conditions present at purchase, that preclude the horse from participating optimally for the purpose for which the client intended? Often this is due to ignorance of the client, not knowing that such a service is available, but there are also cases of clients unwilling to spend money on such an examination – preferring to take the odds of a “voetstoots” purchase, rather than pay a perceived “exorbitant” pre-purchase examination fee. In the more sinister scenario, the client is unwittingly duped into buying a horse that may have been under pain-medication or the like, by an unscrupulous seller, well aware of the problems the horse has. The pre-purchase examination is therefore a very important procedure and we as veterinarians have a great responsibility in providing a knowledgeable, complete and thorough service to the client to inform the potential buyer as to the health status of his/her potential new horse.  This is the one side of the story: the veterinarian performing a service integral to the decision of the potential buyer to purchase the animal.

On the other side, there is the reality that the condition of a living creature cannot be classified into black and white – the shades of grey in between prove that every animal has not necessarily read the textbook. Again, how many of us have recommended that a horse not be purchased due to a disqualifying lesion, and the horse going on to win multiple races? How many have not seen the horse we professed to be “sound”, become a liability in the client’s stable?  There is no reason for us to hide our faces – the reality is there: the chip fractures and degenerative changes found in a hypothetical case, should conjure a poor future as a performance animal in any reasonably informed veterinarian’s mind – one was right to rule against purchase, the odds being poor that the animal would be a successful athlete…but still he wins!!

One can also not willy-nilly rule out every horse as unsound, thereby protecting oneself from any later criticism. This is counterproductive and in no-one’s interest in the long term. The equine pre-purchase examination should only be undertaken by the experienced equine practitioner, and even then there are pitfalls for the unwary, that could result in unpleasantness, loss of a client, or at worst, litigation.

Much has been written on this subject and a list of reference material for further reading appears below. Even with all this information, all eventualities cannot be anticipated, but I have tried to cover some of the most important facts, by posing often asked (or those that should be asked) questions. I have attempted to answer the most of them, but some will be left to the dictates of common sense or the presentation of the specific scenario. If queries arise in your mind regarding the pre-purchase examination, I advise you to contact the South African Equine Veterinary Association (SAEVA) which will link you with persons best qualified to answer your questions. The Veterinary Council can also be approached, and particularly, the legal section, which will be pleased to answer queries as to the veterinarian under the law.

Herewith often asked questions:

Q:         What is the purpose of a pre-purchase examination?

A:         “ The aim of the pre-purchase examination is to carry out a thorough and complete veterinary examination of the chosen horse and to identify and attempt to assess those factors of a veterinary nature that may affect the horse’s suitability for its intended use, so that the prospective purchaser may make an informed decision as to whether or not to proceed with their chosen purchase”. This definition is directly quoted from the British Equine Veterinary Association (BEVA) publication titled “The pre-purchase examination”, and I suggest all who would like to have some comprehensive information on this topic, to study it. Another useful manual is that of the Veterinary Clinic of North America Equine Practice “Examination for purchase”.

Q:         What is expected of the examining veterinarian?

A:         Again from BEVA’s publication:

·                                            “Be aware of the expectations as well as the experience of the purchaser

·                                            Carry out a complete and thorough examination

·                                            Identify any abnormalities and assess their relevance

·                                            Communicate with the purchaser both before, possibly during and after the

examination

·                                            Keep accurate records of the examination, opinion and advice

·                                            Provide the purchaser with an objective opinion as to suitability”



The first five of the above comments are, in my opinion, all valid and should be adhered to as closely as possible. The last comment may open up a can of worms, since there are practitioners that feel that once they have given all relevant information to the prospective buyer, this person should be informed enough to make a decision. The examining practitioner may feel that s/he cannot give an opinion as to suitability of purchase. I empathise with this feeling since the examining practitioner cannot totally identify with the potential buyer’s expectations: the degree to which h/she wants the animal to excel, the possible already present emotional tie to the animal, the client’s financial status, etc. The practitioner with the long-time client, who knows the client, understands the risks involved, may, however, feel s/he may freely give his/her objective opinion as to suitability of purchase. This last statement, therefore, I believe, depends on the practitioner and his/her relationship with the prospective buyer, implying a strong reciprocal trust.

Q:         Am I qualified to examine the horse for pre-purchase purposes?

A:         As veterinarians we are registered to examine any animal and come to a conclusion as to its health status. It is, however, imprudent to assume that a person who very seldom works with horses, is au fait with the multifactorial nature of requirements from the client as well as the pathological conditions, the degrees of importance of these, the incidence of injuries as pertains to the discipline the horse is used for, the requirements to the performance each discipline claims from the horse, etc. It is therefore strongly recommended that the non-equine practitioner, preferably refer this type of examination to a more experienced colleague.

Q:         For whom do I perform the examination?

A:         The parties that could be potential clients are the potential buyer, the seller or an agent for the buyer or seller. In the ideal world it should not matter for whom the veterinarian does the examination, but it is generally accepted that it is better to work for the prospective buyer and the potential buyer is also usually the client that approaches the veterinarian to perform the examination. One should have the best interests of the buyer at heart and should try to provide as much information for this client so that he/she can make an informed decision as to purchase or not. The seller’s consent to examine the horse should always be sought prior to the examination.

Q:         If I am the veterinarian of both the potential buyer and seller, may I perform a pre-purchase examination?

A:         One can perform the examination, but since one is privy to the medical history of the animal, client confidentiality is involved, and one would have to obtain permission from the seller to divulge all known pertinent information to the potential buyer. For this reason, and because of possible bias to one or the other client, it is preferable NOT to perform the examination; rather refer it to a competent colleague. The veterinarian should be on the lookout for any possible conflict of interest; if one of the parties is a client of the veterinarian, the other party should always be notified of this fact.

Q:         Is the term “sound” or “unsound” to be used and can one say that a horse has “passed” or “failed” a “vetting”?

A:         All of the above terms probably leave one wide open to later possible criticism or litigation. It has been suggested to rather use phrases such as “…the defects noted above are / are not likely to prejudice this animal’s use for….”(Mantell 1998). Although this may sound as a cop out to many, it is a true representation of the opinion of the examiner. To declare a horse “sound” implies many different things to many people. The totally “sound” horse does in fact, not exist! 

Q:         How should one go about doing a pre-purchase examination?

A:         There are references that cover this topic comprehensively and the reader is advised to refer to these, but the following guidelines are advocated:     

·        Initially examine the horse in the stable, where after it should again be examined standing, outside from all angles.

·        This is followed by examination of the horse walking and trotting.

·        Then follows the examination of the horse during and after strenuous exercise.

·        The horse is then examined after a period of rest.

·        A second evaluation at the trot is then conducted.

·        Additional diagnostic tests may then be required to investigate areas of concern / uncertainty further.

In the preparation of this document, colleagues were consulted and a concern raised that although adherence the above points is ideal, it is not always practical for the average equine clinician to conform to all, particularly the time taken waiting for the animal to cool down after exercise. Also, in cases such as the yearling sales, the above cannot be adhered to. Sometimes the temperament of the animal or the conditions of the environment preclude an optimal examination taking place. These are the realities, and again emphasize the fact that we should be acting in good faith, communicate openly with the client as to the extent of the evaluation and that guidelines are guidelines and pedantic adherence in the face of realities may be counterproductive for all concerned. It is also important that the examining clinician be aware of the intended use of the animal since it may influence the examination, e.g. a non-active medial splint is just a blemish in an athlete, but may be a disqualifying factor in a show horse.

Also be aware that some breeds may be predisposed to certain congenital or developmental conditions that may not manifest clinical signs, e.g. Warmbloods with osteochondrosis (developmental orthopaedic disease) that is often found in specific joints. This should be mentioned at the time of examination and the prospective buyer should be advised that radiographs of these joints are strongly recommended. If the client decides not to have radiographs taken, this should be noted in the report.

The SAEVA has an official form that can be used to document findings of the prepurchase examination, and is quite comprehensive. If a section of an evaluation was not performed, such as an opthalmoscopic examination, it should be so stated in the document.

The report should be made available to the client, usually then the prospective buyer. If the seller requests a copy, the prospective buyer’s consent must first be sought and given. It is also advisable that the client be made aware of the costs of the examination, including those of additional tests that may be required.

Q:         When should additional diagnostic tests be performed?

A:         When the clinical examination of the animal reveals a symptom or symptoms that cannot be adequately diagnosed by a hands-on examination, additional diagnostic tests may be needed for a more informed decision before purchase. Tests include radiography, ultrasonography, endoscopy, possibly even blood tests or scintigraphy. Some clients may insist that certain additional tests be performed as a rule, such as certain joints being radiographed, because of predisposition to injury in these joints. Again, the examining veterinarian must clearly communicate his / her opinions regarding the necessity for these tests and clearly inform the potential buyer, for example, that these tests are strongly recommended and if not done, due to the client stating s/he did not want additional tests, it would be so reflected in the report. The examining veterinarian should not dictate at all the terms of sale – he/she is only there to examine the animal concerned.

Many other questions may be raised, such as:

·        What should the veterinarian do if the client (purchaser or seller) is absent during the evaluation?

·        When asked by the client: “Would YOU buy the horse if you were me?”, what will your answer be?

·        Should the animal be sedated when some tests be performed?

·        Who solicits permission to sedate / inject the horse?

·        Should the seller be informed as to when you are going to perform the examination?

·        What questions should the prospective buyer answer prior to the examination?

·        Should blood be taken at the examination as a rule?

In summary, I believe the following are pre-requisites for a pre-purchase evaluation to be to the benefit of all concerned:

·        The examining clinician should be an experienced equine clinician with a broad knowledge of the requirements for this examination, and also knowing his/ her limitations.

·        The clinician must be objective, with no bias. No conflict of interest should be present.

·        The clinician must perform an acceptable pre-purchase evaluation and if certain parts of the examination are not performed, the client should be so notified and the report should also reflect this.

·        A comprehensive report detailing all relevant clinical findings should be made.

·        Any advice given orally should also be so reflected in the report.

·        Communication is extremely important to ensure the client is fully informed.

Many questions may still be posed, and not all answers to these are straight forward, but if the clinician is open and honest about his / her capabilities, has the knowledge required and his/ her clients’ interests at heart, minimal problems should be encountered in performing this important role of the veterinarian.

References

Beeman G M 1992 Examination for purchase. Veterinary Clinics of North America , Equine Practice 8: 257-425

Bousum P 1999 Ancillary testing during the prepurchase examination. Proceedings of the 45th Annual Convention of the

American Association of Equine Practitioners, Albuquerque, New Mexico, 5-8 December 1999: 27-30

Hoogmoed van L M, Snyder J R, Thoma H L, Harmon F A 2003 Retrospective evaluation of equine prepurchas

examinations performed 1991-2000. Equine Veterinary Journal 35: 375 -381

Karpinski L G 2004 The prepurchase examination. Veterinary Clinics of North America , Equine Practice 20: 459-466

Mackay-Smith M P 1999 Pre-purchase panel: the distance horse. Proceedings of the American Association of Equine

Practitioners 45th annual conference 45: 22-26

Mantell J A R 1998 The aim of the pre-purchase veterinary examination. In Mair T S (eds) The pre-purchase examination.

BEVA, Equine Veterinary Journal Ltd, Newmarket : 9-13

Marks D 1999 Prepurchase examination of jumpers and dressage horses

Proceedings of the 45th Annual Convention of the American Association of Equine Practitioners, Albuquerque , New

Mexico ,5-8 December 1999.

McIlwraith C W, Kane A J, Park R D 2003 Changes on radiographs at Thoroughbred yearling sales: prevalence and

significance. Clinical Techniques in Equine Practice 2: 329-338

Wollenman P 1999 Prepurchase examination of Polo horses. Proceedings of the 45th Annual Convention of the American

Association of Equine Practitioners, Albuquerque , New Mexico , 5-8 December 1999. 13-18


March 2006

MANUAL IN TERMS OF SECTION 14 OF THE PROMOTION OF ACCESS TO INFORMATION ACT, 2000

SOUTH AFRICAN VETERINARY COUNCIL



1.STRUCTURE AND FUNCTIONS The South African Veterinary Council (SAVC) is a statutory, regulatory body established in terms of the Veterinary and Para-Veterinary Professions Act, no 19 of 1982.

The South African Veterinary Council comprises of an Administration who gives support to the Council and the following Committees: Executive Committee, Education Committee, Investigation Committee, Pre-Advice Screening Committee on Inspections, and a Committee on Veterinary Specialisation.

The objects of the Veterinary Council, as set out in section 3 of the Veterinary and Para-Veterinary Professions Act, 1982, are:

a.To regulate the practising of the veterinary and para-veterinary professions and the registration of persons practising such professions;

b.To determine the minimum standards of tuition and training required for degrees, diplomas and certificates entitling the holders thereof to be registered, to practise the veterinary and para-veterinary professions;

c.To exercise effective control over the professional conduct of persons practising the veterinary and para-veterinary professions;

d.To determine the standards of professional conduct of persons practising the veterinary and para-veterinary professions;

e.To encourage and promote efficiency in and responsibility with regard to the practice of the veterinary and para-veterinary professions;

f.To protect the interest of the veterinary and para-veterinary professions and to deal with any matter relating to such interests;

g.To maintain and enhance the prestige, status and dignity of the veterinary and para-veterinary professions;

h.To advise the Minister in relation to any matter affecting a veterinary or a para-veterinary profession.

2. CONTACT PARTICULARS

26 Victoria Link Street
Route21 Corporate Park
Nellmapius Drive
Irene
P O Box 40510
Arcadia
0007
South Africa


Tel (012) 345 6347 Fax (012) 345 6369
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it. Website: www.savc.org.za


Information officer: Mrs L Havinga

3. GUIDE IN TERMS OF SECTION 10 OF THE ACT

Any person who wishes to exercise any right contemplated in the Promotion of Access to Information Act, 2000, may obtain a copy of the information guide issued by the Human Rights Commission in all official languages, from the Human Rights Commission, telephone (011) 484 8300 or fax (011) 484 7149.

4. FACILITATING OF A REQUEST FOR ACCESS TO INFORMATION, SUBJECTS ON WHICH THE SAVC HOLDS RECORDS AND THE CATEGORIES OF RECORDS HELD

Information, which is not readily available as indicated in paragraph 5 of this manual, may be requested in accordance with the procedure prescribed in terms of the Promotion of Access to Information Act.

Copies of the prescribed forms to be completed for submitting a request are available at the end of this information/page.

Information held:

4.1Professional Affairs

 

Subjects

Categories of Information

1.

Annual reports

Council and executive committee activities

Other Committees’ activities

Communication

Registration matters

Financial statements

2.

Authorisations in terms of section 23(1)(c) of the Veterinary and Para-Veterinary Professions Act

Personal particulars (identity number, surname and full forenames)

Contact details (permanent postal address & telephone number)

Professional particulars (degrees, diplomas and certificates held, date of authorisation, authorisation number and penalties imposed by the SAVC)

Conditions of authorisation

3.

Committee members and Committee meetings

Particulars of committee members

Decisions taken and recommendations made to Council

Minutes of meetings

4.

Council and Council meetings

Particulars of Councillors

Register of Decisions

Rulings issued

Minutes of meetings

5.

Examinations

Particulars of registered candidates

Marks obtained

Particulars of examination panels

Past examination papers

6.

Monitoring

Details of qualifications and courses monitored

Particulars of Monitors

Monitor reports

Responses to monitor reports

7.

Students of veterinary or para-veterinary professions

Personal details (identity number, surname and full forenames)

Contact details (Postal address)

Professional particulars (degree, diploma or certificate enrolled for, year of study and penalties imposed by the SAVC)

8.

Veterinary consulting rooms, clinics and hospitals

Contact details (physical and postal address & telephone number)

Principal/ Member of Close Corporation

Professional particulars (date of registration, registration number, inspection reports)

9.

Veterinary Specialists, Veterinarians, Veterinary Nurses, Veterinary Technologists and Laboratory Animal Technologists

Personal particulars (identity number, surname and full forenames)

Contact details (permanent postal address & telephone number)

Professional particulars (degrees, diplomas and certificates held, date of registration, registration number and penalties imposed by the SAVC)

4.2 Professional Conduct

  Subject Categories of Information
1. Complaints against registered members and authorised persons. Personal information of complainantAffidavits by complainants/witnessesRegistered member’s/ Authorised person’s written responseRecords of proceedings of Inquiry BodyParticulars of previous convictions and penalties

4.3 Communication

  Subjects Categories of information
1. Newsletters SAVC NewsletterContinuing Professional Development inserts
2. Website Veterinary and Para-Veterinary Professions Act, 1982, Regulations and RulesCouncil rulings and policiesCode of Conduct and Practice for VeterinariansMonitoring policySubjects to be monitoredRegistration FormsCouncil members, Committee members and Administration

4.4 Finance & Human Resources

  Subjects Categories of Information
1. Finances of the SAVC Past and current budgetsAudited financial statementsFinancial recordsBanking account particularsInvestment particularsInsurance policiesAgreements with suppliers
2. Human Resources (Staff) Personal particulars of individual staff membersSalaries and benefits payable

5. CATEGORIES OF RECORDS: VOLUNTARY AND AUTOMATIC DISCLOSURE IN TERMS OF SECTION 15 OF THE ACT:

The following categories of information are automatically available from the SAVC without a person having to request access in terms of the Act:

5.1 For inspection in terms of the Veterinary and Para-Veterinary Professions Act, 1982

 

Information

Costs

1.

Financial records

Free of charge

2.

Annual reports

Free of charge

Manner of access

By appointment.

5.2 For purchase or copying from the SAVC

  Information
1. Lists of Veterinary Specialists, Veterinarians, Veterinary Nurses, Veterinary Technologists and Laboratory Animal Technologists
2. List of veterinary consulting rooms, clinics and hospitals
3. Previous examination papers
4. Newsletters
5. Audited financial statements
6. Annual reports

Manner of access

By telephonic or written request.

6. DESCRIPTION OF SERVICES AVAILABLE TO MEMBERS OF THE PUBLIC AND HOW TO GAIN ACCESS THERETO:

The following services are available to the public from the SAVC:

6.1 Professional Affairs

Assistance to members of the public relating to enquiries of a general nature, with regard to the conduct of any registered member or authorised person, the Veterinary and Para-Veterinary Professions Act, regulations and rules in terms of the Act and Council policies.

Manner of access

Enquiries to be addressed in writing or telephonically or by way of appointment.

6.2 Professional Conduct

Investigation and prosecution of complaints of alleged unprofessional, improper or disgraceful conduct by registered members or authorised persons.

Manner of access

Complaints are to be submitted to the SAVC in writing and by affidavit and accompanied by the relevant documents, vouchers, letters and receipts. A standard complaint form is available from the administration.

6.3 Professional Fees The account of a veterinarian may, on request, be submitted to the SAVC to determine the reasonableness of the professional fee charged for the rendered services.

Manner of access

Written request accompanied by the account.

7. PARTICIPATION TO FORMULATE POLICY /EXERCISE POWERS

The Council determines policy and exercises the powers afforded to it by the Veterinary and Para-Veterinary Professions Act, 1982 and is assisted by various committees.

8. DESCRIPTION OF REMEDIES AVAILABLE IN RESPECT OF AN ACT OR FAILURE TO ACT BY THE SAVC

If a request for information in terms of the Act has been refused by the SAVC, the requester may, within 60 day and in the prescribed form and against payment of the prescribed appeal fee, lodge an internal appeal against the decision of the information officer in accordance with the provisions of Section 75 of the Act. If an internal appeal is lodged after expiry of the prescribed period, the SAVC, will on good cause shown, allow such late lodging.

2003-03-04

HANDLEIDING IN TERME VAN ARTIKEL 14 VAN DIE WET OP BEVORDERING VAN TOEGANG TOT INLIGTING, 2000

SUID AFRIKAANSE VETERINêRE RAAD

1. STRUKTUUR EN FUNKSIE

Die Suid-Afrikaanse Veterinêre Raad (SAVR) is ‘n statutêre regulerende liggaam daargestel in terme van die Wet op Veterinêre en Para-Veterinêre Beroepe, no 19 van 1982.

Die Suid-Afrikaanse Veterinêre Raad bestaan uit ‘n Administrasie wat ondersteuning bied aan die Raad en die volgende Komitees: Uitvoerende Komitee, Opleidingskomitee, Ondersoekkomitee, Voor Advies Siftingskomitee Komitee ten aansien van Inspeksies en’n Komitee ten aansien van Veterinêre Spesialisasie.

Die doelstellings van die Raad, soos uiteengesit in artikel 3 van die Wet op Veterinêre en Para-Veterinêre Beroepe, no 19 van 1982 is:

Om die beoefening van die veterinêre en para-veterinêre beroepe en die registrasie van persone wat sodanige beroepe beoefen, te reël;

Om die minimum standaarde van onderrig en opleiding te bepaal wat vereis word vir grade, diplomas en sertifikate wat aan die houers daarvan die reg gee om geregistreer te word om die veterinêre en para-veterinêre beroepe te beoefen;

Om doeltreffende beheer uit te oefen oor die professionele gedrag van persone wat die veterinêre en para-veterinêre beroepe beoefen te bepaal;

Om die standaarde van professionele gedrag vir persone wat die veterinêre en para-veterinêre beroepe beoefen, te bepaal

Om doeltreffendheid in en verantwoordelikheid met betrekking tot die beoefening van die veterinêre en para-veterinêre beroepe aan te moedig en te bevorder;

Om die belange van die veterinêre en para-veterinêre beroepe te beskerm en om met enige aangeleentheid wat op sodanige belange betrekking het, te handel;

Om die prestige, status en waardigheid van die veterinêre en para- veterinêre beroepe en die integriteit van persone wat sodanige beroepe beoefen, te handhaaf en te verhoog;

Om die Minister van advies te dien met betrekking tot enige aangeleentheid wat ‘n veterinêre of ‘n para-veterinêre beroep raak



2. KONTAKBESONDERHEDE
26 Victoria Link Street
Route21 Corporate Park
Nellmapius Drive
Irene
P O Box 40510
Arcadia
0007
Suid Afrika


Tel (012) 345 6347 Faks (012) 345 6369
E-pos: This email address is being protected from spambots. You need JavaScript enabled to view it. Webblad: www.savc.org.za

Inligtingsbeampte: Mev L Havinga

3. GIDS IN TERME VAN ARTIKEL 10 VAN DIE WET

Enige persoon wat ‘n reg wil uitoefen soos beoog in die Wet op die Bevordering van Toegang tot inligting, 2000 kan ‘n afskrif van die inligtingsgids, uitgereik deur die Menseregtekommissie in al die amptelike tale, van die Menseregtekommissie bekom by tel: (011) 484 8300, faks:(011) 484 7149

4. FASILITERING VAN ‘N VERSOEK OM TOEGANG TOT INLIGTING EN ONDERWERPE TEN OPSIGTE WAARVAN DIE SAVR INLIGTING HOU, SOWEL AS DIE KATEGORIEë VAN INLIGTING GEHOU

Inligting wat nie redelikerwys beskikbaar is soos aangedui in paragraaf 5 van hierdie handleiding nie, kan versoek word in ooreenstemming met die prosedure wat in terme van die Wet op die Bevordering van Toegang tot Inligting voorgeskryf word.

Inligting gehou:

4.1 Professionele sake 

  Onderwerpe Kategorieë
1. Jaarverslae Raad en uitvoerende komitee aktiwiteiteAnder komitees se aktiwiteiteKommunikasieRegistrasie aangeleenthedeFinansiële state
2. Bemagtigings in terme van artikel 23(1)(c) van die Wet op Veterinêre en Para-Veterinêre Beroepe Beleid ten aansien van bemagtigingsPersoonlike besonderhede (identiteitsnommer, van en volle voorname)Kontak besonderhede (permanente posadres en telefoonnommer)Professionele besonderhede (grade, diplomas en sertifikate gehou, datum van bemagtiging, bemagtigingsnommer en strawwe opgelê deur die SAVR)Voorwaardes van bemagtiging
3. Komiteelede en Komitee vergaderings Besonderhede van komiteeledeBesluite geneem en aanbevelings gemaak aan die RaadNotules van vergaderings
4. Raad en Raadsvergadering Besonderhede van raadsledeRegister van BesluiteNotules van vergaderings
5. Eksamens Besonderhede van geregistreerde kandidatePunte behaalBesonderhede van eksamen paneleEksamen vraestelle
6. Monitering Besonderhede van kwalifikasies en kursusse gemonitorBesonderhede van monitorsMonitorverslaeReaksie op monitorverslae
7. Studente van veterinêre of para-veterinêre beroepe Persoonlike besonderhede (identiteitsnommer, van en volle voorname)Kontakbesonderhede (posadres)Professionele besonderhede (ingeskrewe graad, diploma of sertifikaat, studiejaar en strawwe opgelê deur Raad)
8. Veterinêre spreekkamers, klinieke en hospitale Kontakbesonderhede (fisiese en posadres en telefoonnommer)Prinsipaal/ Lede van Beslote KorporasiesProfessionele besonderhede (Datum van registrasie, registrasie nommer, Inspeksieverslae)
9. Veterinêre Spesialiste, Veeartse, Veterinêre Verpleegsters, Veterinêre Tegnoloê en Proefdiertegnoloë Persoonlike besonderhede (identiteitsnommer, van en voorname)Kontakbesonderhede (permanente posadres & telefoonnommer)Professionele besonderhede (grade, diplomas en sertifikate gehou, datum van registrasie, registrasienommer en strawwe opgelê deur die SAVR

 

4.2 Professionele gedrag

 

  Onderwerp Kategorieë inligting
1. Klagtes teen geregistreerde lede en bemagtigde persone Persoonlike besonderhede van klaerEedsverklarings van klaers/getuiesGeregistreerde lid/bemagtigde persoon se skriftelike antwoordRekords van verrigtinge van OndersoekliggaamBesonderhede van vorige skuldigbevindinge en strawwe

4.3 Kommunikasie

  Onderwerpe Kategorieë inligting
1. Newsletters SAVR NuusbriefVoorgesette Professionele Ontwikkeling Insetsels
2. Webwerf Wet op Veterinëre en Para-Veterinêre Beroepe, 1982, Regulasies en ReëlsRaadsbeslissings en - beleidGedragskode vir veeartseMoniteringsbeleidVakke gemonitor te wordRegistrasievormsRaadslede, Komiteelede en Administrasie

4.4 Finansies en Menslike Hulpbronne

  Onderwerpe Kategorieë inligting
1. Finansies van die SAVR Vorige en huidige begrotingsGeouditeerde finansiële stateFinansiële rekordsBankrekening besonderhedeBeleggingsbesonderhedeVersekeringspolisseOoreenkomste met verskaffers
2. Menslike Hulpbronne (Personeel) Persoonlike besonderhede van individuele personeelledeSalarisse en voordele betaal

5. KATEGORIEë VAN REKORDS: VRYWILLIGE EN OUTOMATIESE BEKENDMAKING IN TERME VAN ARTIKEL 15 VAN DIE WETDie volgende kategorieë inligting is outomaties beskikbaar van die SAVR, sonder dat ‘n persoon toegang daartoe hoef te versoek in terme van die Wet:5.1 Vir inspeksie in terme van die Wet op Veterinêre en Para-Veterinêre Beroepe, 1982

  Inligting Koste
1. Finansiële rekords Gratis
2. Jaarverslae Gratis

Wyse van toegang

Met afspraak.5.2

Vir aankoop of afskrifte van die SAVR

  Inligting
1. Lys van Veterinêre Spesialiste, Veeartse, Veterinêre Verpleegsters, Veterinêre Tegnoloë en Proefdiertegnoloë
2. Lys van veterinêre spreekkamers, klinieke en hospitale
3. Vorige eksamenvraestelle
4. Nuusbriewe
5. Geouditeerde finasiële state
6. Jaarverslae

Wyse van toegang Telefoniese of skriftelike versoek.

6. BESKRYWING VAN DIENSTE BESKIKBAAR AAN LEDE VAN DIE PUBLIEK EN HOE OM DIT TE BEKOM

Die SAVR lewer die volgende dienste aan die publiek.

6.1 Professionele Sake Bystand aan lede van die publiek met betrekking tot algemene navrae en met betrekking tot die gedrag van enige geregistreerde of bemagtigde persoon, die Wet op Veterinêre en Para-Veterinêre Beroepe, regulasies en reëls in term van die Wet en Raadsbeleid.

Wyse van toegang

Skriftelike of telefoniese navraag of by wyse van ‘n afspraak.

6.2 Professionele Gedrag

Ondersoek en vervolging van klagtes van beweerde onprofessionele, onbehoorlike of skandelike gedrag deur geregistreerde lede of bemagtigde persone.

Wyse van toegang

Klagtes moet skriftelik by wyse van ‘n eedsverklaring en vergesel van die relevante dokumente, briewe en kwitansies aan die SAVR gerig word. ‘n Standaard klagvorm verskyn aan die einde van hierdie inligting.

6.3 Professionele gelde

Die rekeningstaat van ‘n veearts kan op versoek aan die SAVR voorgelê word om die redelikheid van die professionele gelde vir die gelewerde dienste te bepaal.

Wyse van toegang

Skriftelike versoek vergesel van die rekeningstaat.

7. DEELNAME AAN DIE FORMULERING VAN BELEID EN UITVOERING VAN MAGTE

Die Raad bepaal beleid en voer die magte uit soos verleen in terme van die Wet op Veterinêre en Para-Veterinêre Beroepe, 1982 en word bygestaan deur verskeie komitees.

8. BESKRYWING VAN BESKIKBARE REMEDIES IN DIE GEVAL VAN ‘N HANDELING OF NALATE DEUR DIE SAVR

Indien ‘n versoek om inligting in terme van die Wet deur die SAVR afgewys word, kan die versoeker binne 60 dae en in die voorgeskrewe vorm en teen die betaling van die voorgeskrewe appèlfooi, ‘n interne appèl teen die besluit van die inligtingsbeampte aanteken in ooreenstemming met die bepalings van Artikel 75 van die Wet. Indien ‘n interne appèl aangeteken word na die verstryking van die voorgeskrewe periode, sal die SAVR, indien goeie rede aangevoer word, sodanige laat indiening toelaat.

2003-03-04

INCWAJANA NGOKWESIGA 14 YOKUQUBEZA UKUTHOLA UMTHETHO WOLWAZI, KA-2000

UMKHANDLU WASENINGIZUMU AFRIKA OPHATHELENE NOKWEZOKWELAPHA

IZILWANE

1. UKUMA KWAWO KANYE NEMSEBENZI Umkhandlu waseNingizumu Afrika wezokwelapha izilwane (SAVC) iwona ongumthetho, ongumzimba olawulayo owasungulwa ngokweZokulapha kanye noMthetho wePara-Veterinary Professions, unombolo 19 ka 1982

Umkhandlu wozokwelapha izilwane waseNingizumu Afrika unoMphathiswa okuyena onikeza usizo esigungwini nakulamakomidi alandelayo: Ikomodi elikhulu, Ikomidi lezemfundo, Ikomidi eliphenyayo, Ikomidi elinikeza izeluleko ekuhlolweni, kanye Nekomidi locwepheshe kwezokwelapha.

Izinhloso zaloMkhandlu wezokwelapha izilwane, njengoba zibekiwe esigabeni 3 wezokwelapha kanye neMthethweni i-Para Veterinary Professions, 1982, ziwu:

Ukulawula kokusebenza kodokotela bezilwane kokwezokwelapha kanye nobungcweti bezokwelapha ipara kanye nokubhalisa kwabantu abenza lomsebenzi;

Ukunquma izinga elifanele lokufundiswa kanye nokuqeqeshelwa okudingekayo kumadigiri, amadiploma kanye nezitifiketi ezivumela abanazo ukuthi babhaliswe, ukwelapha izilwane nokwenza umsebenzi wobungcweti kwezokwelapha ipara;

Ukusebenzisa igunya eliphelele ngaphezu kwalabantu abenza lomsebenzi wokwelapha izilwane kanye nobungcweti kwipara;

Ukubhekela izinga lokuziphatha kubantu abenza lomsebenzi kanye nobungcweti kuwona;

Ukugqugquzela nokukhuphula ikhono kanye nokuzinikela nokuzibophezela mayelana nokwenza lomsebenzi wokulapha izilwane kanye nobungcweti kwipara;

Ukuvikela odokotela bezilwane kanye nobungcweti bezokwelapha ipara iphinde idile nanoma yiluphi udaba oluphathelene nalokhu;

Ukugcina kanye nokwengeza okuhle, izinga kanye nesithunzi sodokotela abelapha izilwane kanye nobungcweti ekulapheni ipara;

Ukweluleka uNgqongqoshe kunoma yiluphi udaba oluphathelene nodokotela bezilwane kanye nobungcweti kwezokwelapha ipara.



2. IMINININGWANE YOKUXUMANA

26 Victoria Link Street
Route21 Corporate Park
Nellmapius Drive
Irene
P O Box 40510
Arcadia
0007

Ucingo (012) 345 6347 Ifekisti (012) 345 6369

E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it. Website: www.savc.org.za

Umkhiphi lwazi: Nkz. L Havinga

3. UKULAWULWA NGOKOMTHETHO WESIGABA 10 SOMTHETHO Wonke umuntu ofisa ukusebenzisa noma yiluphi ilungelo elikhona eMthethweni Wokugqugquzela ukuthola ulwazi, 2000, angathola isifanekiso sombiko esikhishwa iKhomishana yaMalungelo eSintu kuzo zonke izilimu ezisemthethweni, ezisuka kwi-Khomishana yaMalungelo eSintu, ucingo (011) 484 8300 noma ifeksi (011) 484 7149.

4. UKUNGAMELA KWESICELO EKUBHOBOKENI KOLWAZI OKUMAYELANA

NOLWAZI OLUGCINIWE LWE- SAVC KANYE NEZIGABA ZAMAREKHODI

AKHONA

Ulwazi, olungakalungi ukuthi lubekhona njengoba kukhonjisiwe esiqeshini 5 walencwajana, lungacelwa njengokusho kwendlela ecaziwe eMthethweni wokugqugquzela ukuthola ulwazi.

Isifanekiso samaphepha agcwaliswayo ungawagcwalisa ngokufaka iscelo ayatholakala kwi- SAVC.

Ulwazi oluqhukethwe:

4.1 Izindaba eziphathelene nomsebenzi

 

Indikimba

Isigaba solwazi

1

Imibiko yonyaka

Imisebenzi yomkhandlu kanye nekomidi lesigungu

Imisebenzi yamanye amakomidi

Ezokuxumana

Izindaba eziphathelene nokubhalisa

Isitetimende sezimali

2

Isigunyazo ngokwesigaba 23(1)(c)

Wokwelapha izilwane kanye

NoMthetho iPara Veterinary

Professions

Imininingwane yomuntu (izinombolo zepasi, isibongo, kanye namagama aphelele okuqala

Imininingwane yokuxumana (idilesi & inamba yocingo

Imininingwane yokufunda (idigiri, idiploma kanye nesitifiketi onaso, usuku owagunyazwa ngalo, inombolo yesigunyazo kanye nenhlawulo ebekwe i-SAVC)

Imibandela yokugunyazwa

3

Amalunga ekomidi kanye nemihlangano yekomidi

Imininingwane yamalunga ekomidi

Izinqumo ezithathiwe kanye nezincomo kuMkhandlu

Amaminithi omhlangano

4

Umkhandlu kanye nemihlangano yoMkhandlu

Imininingwane yamakhansela

Iregista yeZinqumo

Ukukhishwa kwezinqumo

Amaminithi emihlangano

5

Izivivinyo

Imininingwano yabafundi ababhalisile

Amamaki atholiwe

Imininingwane yabaphathelene nokuhlolwa

Amaphepha akudala okuvivinywa

6

Ukuqashelwa

Imininingwane ngezimpawuleko kanye nezifundo eziqashelweyo

Imininingwane yezingqapheli

Imibiko yengqapheli

Izimpendulo zokuqapha imibiko

7

Abafundi bokwelapha izilwane noma ongcweti kwezokwelapha ipara

Imininingwane yomuntu (inombolo yepasi, isibongo, namagama aphelele okuqala

Imininingwane yokuxumana (ikheli lakho)

Imininingwane yokufunda (idigiri, idiploma noma isitifiketi owawusibhalisile ngonyaka owafunda ngawo kanye nehlawulo ebekiwe i-SAVC)

8

Izindlu zodokotela, imitholampilo kanye nezibhedlela

Imininingwane yokuxumana (indawo lapho uhlala khona kanye nekheli & inombolo yocingo

Inhloko / iLunga le-Close Corporation

Imininingwane yemfundo (usuku lokubhalisa, inombolo obhalise ngayo, ukuhlolwa kwemibiko

9

Ocwepheshe ekulashweni kwezilwane, Odokotela abahlinza izilwane, Abahlengikazi bezilwane, Ososayensi ngezilwane, kanye neLebhu yoSosayensi bezilwane

Imininingwane yomuntu (inombolo yepasi, isibongo, kanye namagama aphelele okuqala)

Imininingwane yokuxumana (ikheli & inamba yocingo)

Imininingwane yemfundo (idigiri, idiploma kanye nesitifeketi onaso, usuku owabhalisa ngalo, inombolo obhalise ngayo kanye nenhlawulo ebekwe i-SAVC)

4.2 Ukuziphatha okufanele emsebenzini

 

Indikimba

Isigaba solwazi

1

Izikhalo ngamalunga abhalisile kanye nabantu abagunyaziwe

Imininingwane yesikhalazo somuntu

Isitetimende esifungelwayo ngabakhalazayo / ofakazi

Amalunga abhalisayo / Impendulo ebhaliwe ngomuntu ogunyaziwe

Amarekhodi okuqubeka kweSigungu esiphenyayo

Imininingwane uma walahlwa icala kanye nenhlawulo

4.3 Ezokuxumana

 

Indikimba

Isigaba solwazi

1

Iphephandaba

Iphephandaba i-SAVC

Ukuqubeka okusezingeni eliphezulu lokuthuthuka

2

I-Website

Ukulashwa kwezilwane kanye noMthetho iPara-Veterinary Professions,

1982, Izimiso kanye neMthetho

Ukubuswa koMkhandlu kanye namapholisi

Indlela yokuziphatha kanye nokusebenza koDokotela

Umthetho wokuqapha

Izikhonzi ezizoqashelwa

Amafomu okubhalisa

Amalunga oMkhandlu, amalunga ekomidi kanye nabaPhetheyo

4.4 Imali & Nomnyango wezokuqasha

 

Indikimba

Isigaba solwazi

1

Izimali zase-SAVC

Ibhajethi endala neyamanje

Ukucwaninga amabhuku ezimali

Amarekhodi ezimali

Imininingwane ye-akhawunti yasebhange

Imininingwane ngokufaka kwezimali

Amapholisi omshwarensi

Izivumelwano nabathumela impahla

2

Umnyango wezokuqasha (abasebenzi)

Imininingwane yomuntu ngomuntu yamalunga abasebenzi

Amaholo kanye nenzuzo ekhokhwayo

 

5. IZIGABA ZAMAREKHODI: UKUZINIKELA NOKUZIVULEKELA

 

NGOKOMTHETHO ESIGEBENI 15:

 

Lezigaba ezilandelayo zizenzekela zona zitholakale kwi-SAVC ngaphandle kokuthi umuntu afake isicelo sokuzithola ngokoMthetho:

 

5.1 Ngokoncwaningo lokwezokwelapha izilwane kanye noMthetho we-Para

Veterinary Professions, 1982

 

 

Ulwazi

Izindleko

1.

Amarekhodi ezimali

Mahala

2.

Imibiko yonyaka

Mahala

 

Indlela yokuwuthola

Ngokunquma usuku.

5.2 Ngokuwuthenga noma ngekhophi esuka kwi-SAVC

 

 

Ulwazi

1.

Uhla locwepheshe ekulapheni izilwane, Odokotela bezilwane, Abahlengikazi bezilwane, Ososayensi bezilwane kanye neLebhu yoSosayensi bezilwane

2.

Uhla lwamagumbi lodokotela bezilwane, imitholampilo kanye nezibhedlela

3.

Amaphepha adlule okuvivinywa

4.

Iphephandaba

5.

Amabhuku ezimali asecwaningiwe

6.

Imibiko yonyaka

 

Indlela yokuwuthola

Ngokushaya ucingo noma ngesicelo esibhalwe phansi

6. UKUCAZWA KWEMISEBENZI EVELE KUMALUNGO OMPHAKATHI NOKUTHI

ANGAZUZA KANJANI EKUNGENELENI KWAWO:

Lezinkozo noma imisebenzi elandelayo inikeziwe emphakathini isuka kwi-SAVC

6.1 Izindaba eziphathelene nomsebenzi

Usizo kumalunga omphakathi maqondana nemibuzo ejwayelekile, mayelana nokuziphatha kwanoma yiliphi ilunga elibhalisile noma umuntu onikezwe imvume, abakwezokwelapha izilwane kanye naboMthetho wePara-Veterinary Professions, izimiso kanye nokubusa ngokoMthetho kanye namapholisi oMkhandlu.

Indlela yokukuthola

Imibuzo kumele ifakwe ngokubhala noma ngokushaya ucingo noma ngendlela yokuzinqumela usuku.

6.2 Indlela yokuziphatha emsebenzini

Uphenyo kanye nokushushiswa kwamacala abathintekayo ngokungaziphathi kahle, ngokungafanele noma ukuziphatha okuhlazisayo kumalunga abebhalisile noma abantu abanikwe isigunyazo.

Indlela yokukuthola

Kumele uhambise izikhalazo kwi-SAVC ngokubhala noma ngesitetamente esifungelwe, sihambisane kanye nezincwadi eziphathelene nalokho, nezincwadi zokufakaza, izincwadi kanye namarisidi. Ifomu lezikhalazo liyatholakala kwabaphetheyo.

6.3 Imali yomsebenzi

Ufaka isicelo se-akhawunti kadokotela wezilwane, sithunyelwe kwi-SAVC ukuze kutholwe imali ekahle ongayikhokho ngomsebenzi owenziwe.

Indlela yokuyithola

Ufaka isicelo ngokubhala sihambisane ne-akhawunti.

7. UKUBA NEQHAZA EKWAKHIWENI KOMGOMO / NOMA UKUSETSHENZISWA

KWAMANDLA

Umkhandlu unquma impatho uphinde usebezise amandla onikezwe wona abakwezokwelapha izilwane kanye noMthetho wePara-Veterinary Professions, 1982 uphinde usizwe futhi amakomidi ahlukeneyo.

8. UKUCAZWA KWEZIXAZULULO EZIKHONA MAYELANA NOMTHETHO NOMA

UKWEHLULEKA KOMTHETHO WE-SAVC

Uma isicelo sokuthola ulwazi ngoMthetho sinqatshiwe i-SAVC, umfaki sicelo engakwazi ukuthi ngaphansi kwezinsuku ezingu 60 efomini elicaziwe angamelana nokukhokha imali yokufaka isicelo, bese efaka isicelo sangaphakathi esimelana nesinqumo somkhiphi lwazi njengokusho kokuhlinzekelwa esigabeni sika 75 soMthetho. Uma isikhalazo sangaphakathi sesifakiwe,i-SAVC, iyobe isikhombisa ukubambisana okuhle, ivumele ukufakwa kwecala emva kwesikhathi.

2003-03-04

SOUTH AFRICAN VETERINARY COUNCIL

FORM A

REQUEST FOR ACCESS TO RECORDS OF

THE SOUTH AFRICAN VETERINARY COUNCIL

(Section 18 (1) of the Promotion of Access to Information Act, 2000 (Act. No. 2 of 2000)

[Regulation 6]

 

FOR OFFICE USE

Reference number:________________________________________

Request received by_______________________________________

(state rank, name and surname of information officer/deputy information officer) on

______________________(date) at ____________________________(place)

Request fee (if any): R........................................

Deposit (if any): R........................................

Access fee: R.......................................

_________________________

SIGNATURE OF INFORMATION OFFICER/ DEPUTY INFORMATION OFFICER

 

A. Particulars of the South African Veterinary Council

The information Officer/ Deputy Information Officer

Mrs L Havinga, P. O Box 40510, Arcadia, 0007

______________________________________________

_____________________________________________

______________________________________________

B. Particulars of person requesting access to the record

a.The particulars of the person who requests access to the record must be given below.

b. The address and/ or fax number in the Republic, to which the information is to be sent, must be given.

c. Proof of the capacity in which the request is made, if applicable, must be attached.

Full names and surname:______________________________________________________

_____________________________________________________________

Identity number: _____________________________________________________________

Postal Address: _____________________________________________________________

_____________________________________________________________

____________________________________________________________

____________________________________Fax number:_______________

Telephone number:_________________E-mail address:________________

Capacity in which request is made, when made on behalf of another person:____________________________

____________________________________________________________

C.Particulars of person on whose behalf request is made

This section must be completed ONLY if a request is made on behalf of another person.

Full names and surname:______________________________________________________

_____________________________________________________________

Identity number: _____________________________________________________________

D. Particulars of record

a.Provide full particulars of the record to which access is requested, including the reference number if that is known to you, to enable the record to be located.

b.If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.

1.Description of record or relevant part of the record:__________________

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

2.Reference number, if available:_________________________________________________

3.Any further particulars of record:___________________________________________________

____________________________________________________________

____________________________________________________________

____________________________________________________________

E. Fees

a.A request for access to a record, other than a record containing personal information about yourself, will be processed only after a request fee has been paid.

b.You will be notified of the amount required to be paid as the request fee.

c.The fee payable for access to a record depends on the form in which access is required and the reasonable time required to search for and prepare a record.

d.If you qualify for exemption of the payment of any fee, please state the reason for exemption.

Reason for exemption from payment of fees:__________________________

____________________________________________________________

____________________________________________________________

F.Form of access to record

If you are prevented by a disability to read, view or listen to the record in the form of access provided for in 1 to 4 below, state your disability and indicate in which form the record is required.
Disability:____________________

___________________________

___________________________

Form in which record is required:_____

________________________________

Mark the appropriate box with an X.

NOTES:

a.Compliance with your request for access in the specified form may depend on the form in which the record is available.

b.Access in the form requested may be refused in certain circumstances. In such a case you will be informed if access will be granted in another form.

c.The fee payable for access to the record, if any, will be determined partly by the form in which access is requested.

1. If the record is in written or printed form:
  copy of record*   inspection of record
2. If record consists of visual images-

(this includes photographs, slides, video recordings, computer-generated images, sketches, etc.):

  view of images   copy of images   transcription of the images*
3. If record consists of recorded words or information which can be reproduced in sound:
  listen to the sound track (audio cassette)   transcription of soundtrack*

(written or printed document)

4. If record is held on computer or in an electronic or machine- readable form:
  printed copy of record*   printed copy of information derived from the record*   copy in computer readable form*

(stiffy or compact disc)

*If you requested a copy or transcription of a record (above), do you wish the copy or transcription to be posted to you?

Postage is payable

YES

NO

Note that if the record is not available in the language you prefer, access may be granted in the language in which the record is available.
In which language would you prefer the record?_______________________________________

G. Particulars of right to be exercised or protected

If the space provided is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all additional folios.

 

1. Indicate which right is to be exercised or protected:

2. Explain why the record requested is required for the exercise or protection of the aforementioned right:

H. Notice of decision regarding request for access

 

You will be notified in writing whether your request has been approved/ denied. If you wish to be informed in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request.

 

How would you prefer to be informed of the decision regarding your request for access to the record?__________________________________

__________________________________________________

Signed_________________this________________day of____________20

_________________________

SIGNATURE OF REQUESTER/PERSON

ON WHOSE BEHALF REQUEST IS MADE

 

Links to African Council websites

Veterinary Statutory Bodies in Africa
http://www.rr-africa.oie.int/en/RC/en_vsbs.html

Veterinary Council of Namibia
http://www.van.org.na/section.php?secid=10

Veterinary Council of Zimbabwe (department of livestock and veterinary services)
http://www.dlvs.gov.zw/

Kenya Veterinary Board
http://kenyavetboard.org/

Veterinary Council of Tanzania
http://www.mifugouvuvi.go.tz/vertinary-council-of-tanzania/

Botswana Veterinary Association
http://www.bva.org.bw/bva_content.php?id=2

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